Defending Theft and Robbery Charges in Ontario
An allegation of theft or robbery can affect your freedom, work and future. Understanding the charge and reviewing the evidence are the first steps in building a defence. Lichtman Law represents people facing theft, robbery and related criminal charges in Toronto and across the GTA.
What Is the Difference Between Theft and Robbery?
Theft generally involves taking or converting property fraudulently and without colour of right, with the intent required by the Criminal Code. Robbery involves additional elements, such as violence, threats or being armed in the circumstances defined by law. An assault with intent to steal can also amount to robbery.
The precise allegation matters. The evidence needed to prove the charge, available defences and potential consequences depend on the offence and the circumstances.
Types of Charges We Defend
- Shoplifting and theft under $5,000
- Theft over $5,000
- Theft from an employer
- Robbery
- Robbery involving a weapon
What the Crown Must Prove
The Crown must prove each essential element of the alleged offence beyond a reasonable doubt. This may include identity, the required intent and the conduct alleged. In robbery cases, the evidence about force, threats or a weapon may be central.
We review witness accounts, surveillance footage, police notes and other disclosure to assess what the evidence can actually establish.
Possible Defences to Theft and Robbery Charges
Identity and Reliability of Evidence
Mistaken identification, inconsistent accounts and gaps in the evidence may be important.
Intent and Colour of Right
In theft cases, the required intent and any honest belief in a legal entitlement to the property require careful assessment.
Disputed Violence or Weapon Allegations
The evidence must support the particular robbery allegation. Challenging one allegation does not necessarily dispose of every charge.
Charter Issues
Unlawful searches, detention or other rights violations may support a remedy, depending on the facts and the law.
What to Do After a Charge
- Get legal advice before making a statement to police.
- Preserve relevant messages, receipts, videos and other evidence.
- Follow all release conditions.
- Get advice before contacting anyone involved in the case.
Bail, Resolution and Trial
Your defence may involve addressing bail and release conditions, reviewing disclosure, preparing for trial or discussing an appropriate resolution. Available options depend on the charge, the evidence and your circumstances. We explain those options so you can make informed decisions.
Youth Theft and Robbery Charges
Youth cases involve a distinct legal process. Early advice can help young people and their families understand court appearances, release conditions and the next steps.
