Robbery under the Criminal Code is theft combined with violence or the threat of violence, an assault committed with intent to steal, or theft while armed with an offensive weapon or imitation weapon. Unlike theft or simple assault, robbery is a straight indictable offence — the Crown has no option to proceed summarily — carrying a maximum sentence of life imprisonment, regardless of how little property was actually taken. Firearm-involved robberies can carry additional, specific sentencing consequences.
- Robbery is theft plus violence (or the threat of it), assault with intent to steal, or theft while armed with an offensive weapon or imitation weapon.
- Robbery is always a straight indictable offence — the Crown cannot proceed summarily — carrying a maximum of life imprisonment.
- The value of the property taken is legally irrelevant to whether the offence qualifies as robbery — a few dollars taken with force is still robbery.
- Robbery involving a firearm can carry distinct and more serious sentencing consequences.
- The timing of the violence matters: it must occur at the time of, or immediately before or after, the theft to qualify as robbery rather than a separate theft and assault.
- Because the stakes are so high, early, specific legal advice is essential — far more so than for a comparable theft or assault charge alone.
The Short Answer
Robbery is theft with something added — violence, the threat of violence, or a weapon — and that addition changes everything about how seriously the charge is treated. Unlike theft or most assaults, robbery is always prosecuted as a straight indictable offence, carrying a maximum sentence of life imprisonment regardless of the value of property involved.
What Makes It Robbery, Not Just Theft
A simple theft — taking property without consent — does not become robbery unless the Crown can also prove one of the specific aggravating elements the Criminal Code requires. The core distinction is the presence of violence, a threat, or a weapon connected to the taking. Without that element, the correct charge is theft, not robbery — see our guide on theft vs. fraud charges in Ontario for how simple property offences are generally handled.
The Four Ways Robbery Can Occur
The Criminal Code recognizes robbery as occurring where a person:
- Steals using violence or the threat of violence, to a person or property, to extort the theft or overcome resistance to it
- Uses personal violence to a person, at the time of, or immediately before or immediately after, stealing from them
- Assaults a person with intent to steal from them
- Steals from a person while armed with an offensive weapon or imitation weapon
For the second category specifically, the violence must occur at the time of the theft, or immediately before or after it. Violence that happened well before or long after an unrelated theft generally will not convert a separate assault and a separate theft into a single robbery charge.
Penalties: Why It's Always Serious
Because robbery is a straight indictable offence with a maximum of life imprisonment, there is no lesser summary-conviction route available to the Crown the way there is for many other offences — see our guide on summary vs. indictable offences in Ontario for how that election generally works elsewhere. Where any specific case actually lands within that wide range depends on the degree of violence, whether a weapon was involved, any injury caused, and the accused's record — considerations detailed in our guide on aggravating and mitigating factors in Ontario sentencing.
Robbery Involving a Firearm
Robbery committed with a firearm has historically attracted its own specific, more serious sentencing framework under the Criminal Code, reflecting the particular danger firearms add to this already serious offence. The precise mandatory minimums applicable to firearm-involved robbery have been subject to legal change in recent years, including constitutional challenges affecting mandatory minimums more generally across weapons-related offences — see our guide on weapons charges in Ontario for more on how that broader area of law has shifted, and confirm the current position with a lawyer rather than relying on an older source.
Common Defences
- Identification — challenging whether the accused was correctly identified as the person responsible.
- No connection between violence and theft — arguing any violence or threat was unrelated to, or not sufficiently connected in time to, an alleged theft.
- Consent or claim of right — in narrow circumstances, arguing there was an honest belief in a legal right to the property.
- Charter challenges — including how evidence, such as identification procedures or searches, was obtained.
What to Do If You Are Charged
Given the maximum penalty involved, treat a robbery charge as seriously as any charge you could face. Say nothing to police beyond identifying yourself, and get legal advice before your first court appearance. If you have been arrested, understanding how bail works in Ontario and the role of a surety is an immediate next step. Call 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
Theft alone involves taking someone's property without consent. Robbery requires something more: violence or the threat of violence connected to the theft, an assault committed with intent to steal, or being armed with a weapon or imitation weapon while committing the theft. That added element is what elevates the charge to robbery.
Yes. Unlike many Criminal Code offences, robbery is a straight indictable offence — the Crown has no option to proceed summarily, regardless of how minor the circumstances might seem. This reflects how seriously the law treats the combination of theft and violence.
No. The value of the property taken does not change whether the offence qualifies as robbery — a robbery involving a small amount of cash is legally the same offence as one involving significant property, though the specific facts can still affect sentencing.
The Criminal Code sets a maximum of life imprisonment for robbery. The actual sentence imposed in any given case varies enormously based on the specific facts, any weapon involved, injury caused, the accused's record, and other aggravating or mitigating factors.
Yes. Robbery can be committed through a threat of violence alone, or simply by being armed with a weapon or imitation weapon while committing a theft, without any physical contact occurring at all.
An imitation weapon can still support a robbery charge. The law focuses on whether the item was used to create the impression of being armed during the theft, not on whether the object was capable of actually causing harm.
Assault causing bodily harm does not require any theft — it is purely about the assault and resulting injury. Robbery specifically requires the violence, threat, or weapon to be connected to a theft. The same incident can sometimes give rise to both types of charges depending on the facts.