Frouhar Law defends robbery charges that Ottawa Crown prosecutors bring at the Ottawa Courthouse and throughout Eastern Ontario. These charges carry mandatory minimum sentences, a maximum of life imprisonment, and consequences that reach into every area of life.
If you are charged with robbery in Ottawa, you face a straight indictable charge and your freedom, criminal record, and future are all at stake. As a criminal defence lawyer Ottawa clients retain for property offences in Ottawa, Frouhar Law defends these charges with the strategic advocacy they demand.
As a robbery defence lawyer and robbery lawyer Ottawa criminal courts know, Frouhar Law focuses on criminal defence. Robbery and extortion defence requires lawyers who understand how Crown prosecutors build these cases.
Mash Frouhar, a former Crown Attorney, knows what evidence the prosecution prioritizes and where their theories are vulnerable. Our lawyers appear at the Ottawa Courthouse at 161 Elgin Street and throughout Eastern Ontario.
As a bilingual robbery defence lawyer at an Ottawa firm, Frouhar Law defends in both English and French in courtrooms, during disclosure review, and in every client interaction. No client should face a robbery charge without fully understanding every step.
Our 24-hour availability means a defence lawyer is reachable before any police questioning begins. The right to retain counsel without delay is protected under the Canadian Charter of Rights and Freedoms. Call before you say anything.
Robbery is defined under the Criminal Code of Canada as theft combined with violence, threats of violence, or use of a weapon. It is not simply theft; force or threats elevate the charge to robbery and dramatically increase the penalties.
Effective robbery defence strategies begin with understanding exactly what the Crown must prove.
Under section 343 Criminal Code, every person commits robbery who:
Robbery is a straight indictable offence. Theft itself is defined under section 322 Criminal Code and section 334 Criminal Code, but an armed robbery or robbery with a weapon is the most common aggravating element prosecutors rely on. The charge covers conduct from break and enter charges involving unlawful force to home invasion charges where the accused threatens occupants while armed.
Section 344 Criminal Code sets out the robbery with a firearm penalties and mandatory minimums. A robbery using a restricted or prohibited firearm carries a mandatory minimum of 5 years imprisonment. Robbery with any other firearm carries a minimum of 4 years. The maximum for robbery in any form is life imprisonment. When firearms charges are laid alongside a robbery charge, the mandatory minimum exposure compounds.
Where the Crown proves a robbery was committed for the benefit of, at the direction of, or in association with a criminal organization, the 5 years minimum applies even without a firearm. This provision targets gang-related robbery and requires proof of both the robbery and the accused’s organizational connection beyond a reasonable doubt.
Under section 346 Criminal Code, a person commits extortion when, without reasonable justification, induces or attempts to induce any person by threats, accusations, menaces, or violence to do anything. Unlike robbery, where force occurs during theft, extortion covers threats used to compel any action, whether or not theft is involved. Common examples include threatening to expose information unless paid or demanding money under threat of harm.
Extortion frequently overlaps with obstruction of justice charges where threats deter witnesses. Coercion and blackmail fall within section 346.
Extortion is an indictable offence carrying a maximum of life imprisonment. Unlike robbery, extortion carries no mandatory minimum in most circumstances, giving courts more sentencing discretion. However, a conviction still results in a permanent criminal record and potential imprisonment. Where extortion and robbery are charged together for the same conduct, sentencing consequences compound.
The robbery penalties Canada law imposes, and those for extortion, extend well beyond the sentence:
The Crown must prove every element of a robbery or extortion charge beyond a reasonable doubt, and Frouhar Law will fight each element from day one. Our lawyers conduct a thorough disclosure review of Crown disclosure immediately upon retainer and target the prosecution’s weakest points.
Robbery cases frequently turn on identification: a victim or eyewitness identifying the accused under pressure, where misidentification is well-documented. Defence counsel challenges the photo lineup procedure, the reliability of surveillance evidence, and whether alibi evidence places the accused elsewhere.
A mistaken identity defence that creates reasonable doubt results in an acquittal.
Robbery requires proof that force or threats were used specifically in connection with a theft. Where the Crown cannot prove this intent, the charge may fail. If force cannot be linked to the theft element, the charge may be reduced to assault, removing mandatory minimum sentencing and opening a wider range of outcomes.
Police investigations into robbery often involve warrantless searches or interrogations that may constitute a charter breach under the Canadian Charter of Rights and Freedoms. A Charter motion can exclude tainted evidence from trial. The Crown’s robbery case often depends on a small number of key pieces; excluding one can change everything.
Where the evidence is strong, the goal is to minimize consequences. In robbery with a firearm cases, challenging firearm classification determines which mandatory minimum applies. Removing the weapon element may allow a robbery charge to be reduced to theft, providing far greater sentencing flexibility.
Defence counsel can negotiate a plea, pursue diversion, or seek a conditional discharge. The best possible outcome depends on early, experienced representation and the specific facts of your case.
The mission is to ensure access to justice for all, regardless of income or social status, by providing high-quality, affordable legal representation and advice. The goal is to empower people to protect their rights and resolve legal issues efficiently and effectively.
Yes. Robbery under section 343 Criminal Code is a straight indictable offence; the Crown cannot proceed by summary conviction. It is always heard in the Ontario Court of Justice or the Superior Court of Justice, and penalties are among the most serious in Canadian criminal law.
Robbery under section 343 Criminal Code requires force or threats during theft; robbery and theft are inseparable. Extortion under section 346 Criminal Code is broader: threats compel any action, not just theft, and can relate to future harm. A demand for money backed by a future threat is extortion; taking property by immediate force is robbery.
Yes. Robbery and extortion charges in Ottawa can be withdrawn, stayed, or result in an acquittal. Where evidence falls short, Crown prosecutors have discretion to withdraw before trial. Defence counsel presenting evidence undermining identification, intent, or use of force can achieve withdrawal or a charge reduced to a lesser offence. Schedule a free consultation to discuss your situation.
