Your Robbery Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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Criminal Defence Lawyers
Results Driven Robbery Offence Defence Lawyers
A robbery charge is extremely serious. A guilty verdict could result in incarceration, a permanent criminal record, difficulties finding employment upon release from prison, limitations on your ability to travel, and lasting harm to your reputation. Therefore, it is very important for you to contact an experienced criminal defence attorney immediately if you are being investigated for, or have been formally charged with, committing robbery.
Nirwal Law defends individuals who have been charged with robbery throughout Ontario. We know how vigorously the prosecution will pursue such matters. As such, we work promptly to protect your interests, dispute weak evidence, and develop a robust defense plan based upon your circumstances.
What Constitutes Robbery?
The Criminal Code of Canada defines robbery as an act of larceny (theft) where some form of violence is employed, the threat of violence is made by the perpetrator, or force is utilized against the victim. Thus, a person may be charged with robbery for allegedly:
Employing physical force while removing personal property from a victim
Making violent threats toward a victim while the alleged thief steals or attempts to steal
Allegations of carrying a weapon while committing a theft constitute grounds for a robbery charge. Allegations of assault occurring either before, during, or after the commission of the crime also provide sufficient basis for a robbery charge. Such crimes frequently occur in association with street robberies, robberies at convenience stores, carjacking offenses, home invasion offenses, or altercations which escalate to claims of using force to take property.
A robbery charge may be pursued regardless of whether weapons were employed and/or injuries occurred. The charges may become more severe depending on the number of individuals accused and/or the use of firearms, knives, masks, etc.
Our office thoroughly examines all aspects of the allegations, including reviewing witness statements, video footage taken by surveillance cameras, police conduct and procedures, methods of identifying perpetrators, potential Charter breaches, and other factors. Frequently, there exist issues of misidentification, unreliable eyewitness testimony, lack of mens rea (guilty intention), and/or insufficient evidence to establish guilt beyond a reasonable doubt.
Possible Consequences for a Robbery Conviction in Ontario
As mentioned before, robbery is listed as one of the most significant theft crimes by way of the criminal code (canada). The potential ramifications of being found guilty of this crime could severely restrict almost all aspects of your life for possibly decades.
When you consider the severity of a robbery conviction, you should also take into consideration some other variables, which include:
- Whether a weapon was used when committing the robbery.
- The extent of injury sustained due to the robbery.
- Value of the stolen goods or services.
- Your history of past criminal offenses.
- The nature of the incidents surrounding your accusation.
Maximum penalties that can be imposed upon a sentence for robbery
Robbery is classified as an indictable offense. In many instances, the Crown will be seeking to have you serve time in custody, particularly if there were physical altercations, threats of harm, use of weapons, or previous convictions related to the charge.
Whereas it has been determined that a firearm was used while committing the robbery, mandatory minimum sentences will likely be applied and your potential sentence may be longer than would normally be allowed under these circumstances. Some robberies involving illegal guns or guns that are restricted to only a few people can result in prison terms and extended amounts of time spent incarcerated.
It is possible to receive a considerable amount of jail time even though no weapons were used.
Criminal record after a conviction for robbery
Unless you successfully petition for a pardon (record suspension), a robbery conviction will create a criminal record that remains active throughout your entire life. As a result of having a criminal record, you may experience negative effects in many different aspects of your life including:
- Job opportunities
- Licensing for professionals
- Status as an immigrant to canada
- Eligibility for education
- Volunteering
- Housing application approval
With the increasing prevalence of conducting criminal background checks prior to hiring employees, especially those jobs that require trustworthiness, security clearance, financial responsibility, and/or work with vulnerable populations, it can become increasingly difficult to find gainful employment.
Difficulty traveling due to a criminal conviction of robbery
Those who have received a robbery conviction may face significant challenges when attempting to travel internationally. The u.s., for example, may refuse to allow individuals with convictions for violent crimes and/or dishonesty from entering their country.
Restrictive travel policies can greatly limit your ability to participate in family vacations, professional travel and business travel.
Additional probation and harsh terms imposed by the judge
In addition to serving time in jail, a judge may order you to spend a number of years on probation with restrictive conditions. These conditions may include:
- Being required to report regularly to a probation officer.
- Curfew Restrictions
- Prohibitions against possessing weapons or firearms.
- Restrictions regarding who you may associate with.
- Requirements for attending counseling or treatment programs.
- Requirements to reside within a particular area.
Violating any condition of your probation agreement can provide grounds for further criminal charges.
Consequences on immigration status
To non-canadian citizens, a robbery conviction can cause problems with your immigration status. This includes possible exclusion from entering canada as well as deportation.
How We Defend Robbery Charges
Most robbery cases rely on the reliability of witnesses who were present, sometimes under great stress; surveillance footage which may be unclear (poor quality) and/or lacking sufficient detail to make positive identification; police procedure in obtaining and processing evidence; and identification by those witnesses.
At Nirwal Law, we examine all aspects of the Crown’s case to find inconsistencies, weaknesses and violations of your charter rights in preparation for your defence.
Each robbery case is unique. Therefore, each defendant requires a defence strategy based on the specifics of their case including the allegations made against them and the evidence presented by the Crown.
Challenge Identification Evidence
In many robbery cases, there was very little time for witnesses to see the suspect(s). As such, misidentification occurs when eyewitnesses describe an individual that they did not see clearly enough. It also occurs in situations such as:
- wearing a mask.
- poor lighting conditions.
- large numbers of people.
- multiple suspects.
Our firm will scrutinize:
- Witness statements.
- Photo lineups.
- Surveillance footage.
- Police identification methods.
- Discrepancies among witness descriptions.
If the Crown relies on identification evidence that is weak or unreliable, we will aggressively attack the Crown’s case.
Review Police Procedures and Charter Breaches
During the course of investigation and interrogation, police must follow the provisions of the Canadian Charter of Rights and Freedoms. When police do not follow the Charter, certain evidence may be disallowed at trial.
Some examples of Charter breaches include:
- Unreasonable searches and seizure.
- Detention/arrest without lawful authority.
- Failure to allow you access to counsel.
- Coercive admissions/ confession(s).
- Your failure to answer questions.
When Charter breaches occur, they can seriously undermine the Crown’s ability to proceed with your case. Under some circumstances, Charter breaches can even result in the Crown withdrawing or dismissing your charge.
Reviewing All Available Evidence
To prove each element of an offense “beyond a reasonable doubt”, the Crown must present credible and reliable evidence. We will thoroughly investigate all available evidence regarding your case. This includes but is not limited to:
- Reviewing surveillance videos to assess their clarity and authenticity.
- Analyzing DNA or forensic evidence.
- Evaluating cell phone data/evidence.
- Examining evidence related to an alleged weapon.
- Assessing the credibility of all witnesses.
- Identifying timeline discrepancies.
Depending on the results of this analysis, it is possible that no robbery occurred. Alternatively, it is also possible that there was a crime committed but it is less serious than robbery.
Negotiation and Trial Representation
We will negotiate with the Crown to try to achieve the best outcome possible for you. Depending on the strength of the Crown’s case, we may be able to persuade them to reduce your charges; sentence you to house arrest; or reach another mutually acceptable solution. However, if we are unable to reach a satisfactory agreement with the Crown, we are well-prepared to represent you at trial.
Robbery convictions can have long-lasting negative effects on your personal freedom, family relationships and employment prospects. That is why it is so important that you retain an experienced and capable criminal defense attorney to advocate for your interests and protect your rights throughout the entire process.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Robbery Offence FAQs
Yes. Under Canadian Law, a robbery charge can be made against an individual even if property was never removed. If a threat or act of violence occurred during what appeared to be a crime of theft, then this could be considered robbery. The court will assess the intent behind the individuals actions at the time of the incident.
The most obvious difference is the amount of force used by the accused. Theft refers to the unauthorized removal of another's property. Robbery refers to the removal of another's property utilizing force, intimidation, weapons, or threats. Due to the fact that robbery is considered a violent crime; punishment is significantly more harsh than that of theft.
It depends on many factors. In general terms, once an individual is charged with a crime, it is up to the crown prosecutor to decide if the case should be continued. This includes instances where the complainant wants to drop the charges or has changed their version of the events surrounding the incident. However, the Crown Prosecutors have been known to pursue cases based upon the existence of sufficient evidence. As well as inconsistencies in a witnesses testimony (especially when dealing with a multiple witness) can often provide for valuable material for the defense.
Every situation is unique. There are several factors which will influence how your case is sentenced including: weapon use, extent of violence, victim injury, prior record and other relevant details pertaining to the event. While in specific cases first time offenders may escape long prison sentences; robbery is a serious crime and one would need to consider jail time as a possible sentence.
Surveillance footage can certainly contribute to the crown prosecutors case however surveillance footage is not always clear or credible. A lack of quality in images, poor viewing angles, limited light sources, clothing covering faces and identifying persons in those images can all present challenges for the Crown. An experienced lawyer defending a client facing robbery charges will thoroughly evaluate any available surveillance footage to ensure the evidence is capable of proving beyond a reasonable doubt that the accused committed the offense.
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