Facing a Robbery Charge in Alberta? What Happens Next

What a robbery charge means in Alberta

Robbery is defined in section 343 of the Criminal Code, and its penalties are set out in section 344. The Criminal Code is federal law, so the offence is the same in Calgary, Edmonton and everywhere else in Canada. What is specific to Alberta is who prosecutes, which courts hear the case and which local services are available. For a national overview, see our guide to robbery under the Criminal Code.

In simple terms, robbery is theft combined with violence, threats or a weapon. Under section 343, a person commits robbery if they:

• steal and use violence or threats of violence against a person or property, to get the item or to overcome resistance;
• steal from someone and, at the time or just before or after, wound, beat, strike or use personal violence on that person;
• assault someone with the intent to steal from them (nothing has to actually be taken); or
• steal from someone while armed with an offensive weapon or an imitation of one.

"Armed robbery" is not a separate offence name. It usually refers to the last category, or to the higher penalties that apply when a firearm is involved.

What the Crown must prove

The Crown is the prosecutor who brings the case on behalf of the public. To convict, the Crown must prove every element beyond a reasonable doubt, usually including:

• Identity: that you were the person who committed the act, or that you helped or encouraged it;
• Theft or intended theft: taking property fraudulently and without "colour of right" (an honest belief that you had a legal right to it);
• The aggravating element: violence, threats, an assault with intent to steal, or being armed with a weapon or imitation; and
• Intent: the required mental state, such as the intent to steal.

People who plan, assist or encourage a robbery can be charged as parties under section 21, even if they never touched the property.

Offence type

Robbery is a straight indictable offence. Unlike many offences changed by Bill C-75 in 2019, it cannot be prosecuted summarily. The maximum sentence is life imprisonment. Being charged is not a finding of guilt: you are presumed innocent unless the Crown proves the case.

What happens after a robbery charge in Alberta

Arrest and release

After an arrest, police may release you with a document requiring you to attend court, sometimes an undertaking, which is a written promise to appear and follow conditions. For a robbery charge, police often hold the person for a bail hearing instead. A justice or judge then decides whether to release you on a release order and with what conditions.

Common conditions in robbery cases include no contact with the complainant or witnesses, staying away from a particular store or address, a curfew, living at an approved address, not possessing weapons, and sometimes a surety (a person who supervises you and may pledge money). In some situations, for example if you were already on release or a firearm was allegedly involved, the law may require you to show why you should be released. Breaking a condition is a separate criminal offence.

Who decides on charges

In Alberta, police generally lay the charge. The Alberta Crown Prosecution Service then reviews the file and decides whether to continue, change or withdraw charges based on the evidence and the public interest.

First appearance

Your first appearance is usually in the Alberta Court of Justice (called the Provincial Court until 2022). Little is decided at this stage. It is mainly about confirming that you have a lawyer, getting disclosure and scheduling the next date. A lawyer can often appear for you or with you.

Disclosure

Disclosure is the Crown's evidence: police reports, witness statements, surveillance or phone video, photos, forensic results and any statement you gave. The Crown must provide it to the defence. Your lawyer reviews it before giving advice on the strength of the case.

Choosing a court: your election

Because robbery is indictable, there is no Crown choice between summary and indictable. Instead, you usually choose (elect) how to be tried: by a judge of the Alberta Court of Justice, by a judge alone in the Court of King's Bench, or by a judge and jury in the Court of King's Bench. Because the maximum is life, you can request a preliminary inquiry (a hearing to test whether there is enough evidence for trial) if you elect the Court of King's Bench. This is an important strategic decision to make with a lawyer.

Resolution or trial

Many cases end without a full trial. Charges may be withdrawn, stayed, or resolved through discussions between defence and Crown, sometimes to a different or lesser charge. Other cases go to trial, where the Crown must prove its case and you are not required to testify. Whether to plead guilty or go to trial is your decision, made with legal advice.

How long it takes

Robbery cases often take many months, and more complex ones can take longer. Under the Supreme Court of Canada's Jordan decision, delay is presumed unreasonable if a case takes more than 18 months to reach the end of trial in provincial court, or 30 months in superior court (or after a preliminary inquiry). Delay caused by the defence does not count toward those limits.

Possible penalties for robbery

Sentencing law, especially for firearm offences, has changed several times in recent years and may change again, so a lawyer should confirm the rules that apply to your date of offence. A separate charge of using a firearm or imitation firearm while committing an offence (section 85) is sometimes laid, and any sentence for it must be served consecutively.

What sentences can look like in practice

• Discharge: an absolute or conditional discharge (a finding of guilt without a conviction, with or without probation conditions) is not available for robbery, because the maximum penalty is life. It may only be possible if the case resolves to a different offence.
• Suspended sentence and probation: possible where no minimum applies, usually in less serious cases with strong mitigating factors.
• Fine: legally possible but uncommon on its own for robbery.
• Conditional sentence: a jail sentence of under two years served in the community, often with house arrest. Bill C-5 made this available for robbery where no minimum applies, but only if the judge is satisfied it does not endanger public safety.
• Jail: custody is common for robbery, and sentences can be significant where weapons, injuries or planning are involved.

Additional orders are often made, such as a DNA order, a weapons prohibition (mandatory in many robbery cases), restitution and no-contact conditions.

Factors that matter

Judges consider the level of violence, whether a weapon or imitation was used, injury and impact on the victim, planning, the vulnerability of the victim (such as a lone store clerk), whether it happened in an occupied home (a statutory aggravating factor), your role, age, criminal record, remorse, addiction or mental health issues, and steps toward rehabilitation. Young people aged 12 to 17 are dealt with under the Youth Criminal Justice Act, which has a separate sentencing system.

Other consequences of a robbery charge in Alberta

Criminal record and record suspension

A conviction creates a criminal record. Because robbery is indictable, the Parole Board of Canada waiting period for a record suspension (formerly called a pardon) is 10 years after the whole sentence is completed, including fines and probation. For summary offences the wait is 5 years, which may matter if the case resolves to a different charge.

Travel to the United States

A robbery conviction can make you inadmissible to the US, and border officers may ask about charges even before a conviction. A waiver may be required to enter.

Immigration

For permanent residents and other non-citizens, robbery is considered serious criminality under immigration law because of its maximum penalty. A conviction can lead to loss of status and removal from Canada. Get advice from an immigration lawyer before any plea or resolution.

Employment and daily life

Robbery is a violent offence, so a record can affect jobs involving cash, security, vulnerable people or travel, and professional licensing. Release conditions can also affect work and family arrangements while the case is ongoing.

Common defences and issues a lawyer will look at

Every case is different, but a lawyer will typically examine:

• Identification: robbery cases often rely on eyewitnesses, surveillance video or photo line-ups, which can be unreliable or improperly conducted.
• Missing elements: whether there was really violence, a threat or a weapon. If not, the evidence may only support a lesser offence such as theft or assault.
• Colour of right: an honest belief that the property was yours or owed to you can be relevant to whether it was theft.
• Intent and party liability: whether you actually intended to steal, or knew about and helped with what others did.
• Section 8 of the Charter: whether searches of your phone, home, vehicle or person were lawful.
• Section 9: whether you were arbitrarily detained or arrested.
• Section 10(b): whether you were told of and given a real chance to use your right to a lawyer without delay.
• Statements: whether anything you said to police was voluntary and can be used.
• Forensic evidence and delay: the reliability of DNA, fingerprints or phone data, and whether the case has taken too long under Jordan.

If evidence was obtained in breach of the Charter, a judge may exclude it, which can change the outcome.

How common are robbery charges in Alberta?

According to Statistics Canada police-reported data (table 35-10-0177), Alberta police reported 3,177 robbery incidents in 2025, a rate of 63.17 per 100,000 people, and 1,420 persons were charged. The Canada-wide rate that year was 55.05 per 100,000.

Alberta's robbery rate peaked in 2019, dropped sharply in 2020 and 2021, rose again in 2023 and has declined since, with 2025 the lowest rate of the decade. It has remained above the national rate every year. The number of persons charged has risen each year since 2021. You can explore more figures on our Alberta crime statistics page and follow local cases on our Alberta crime news page.

If you are the victim or complainant

If you have been robbed, your safety comes first. Call police in an emergency and report the incident as soon as you can. Preserve any evidence, such as video, messages or damaged items, and write down what you remember.

Police investigate and may lay charges. The Alberta Crown Prosecution Service then prosecutes the case. The Crown does not act as your personal lawyer, but you can share your safety concerns, and you may be asked to testify.

• Alberta victim services units can provide information about the court process, support and referrals.
• If the accused is released, conditions often include no contact with you and staying away from your home or workplace. Tell police if these are broken.
• You can usually provide a victim impact statement at sentencing and ask for restitution for financial losses.
• A peace bond under section 810 is a court order requiring someone to keep the peace and follow conditions, such as no contact, where there are reasonable grounds to fear harm. It can be sought even when there is no conviction.

The Canadian Victims Bill of Rights gives you rights to information, protection and participation. You can also get your own independent legal advice.

When to speak with a lawyer

Speak with a criminal lawyer as early as possible, ideally before you talk to police about the allegation and before your bail hearing or first appearance. You have the right to remain silent, and statements made without advice can be used as evidence. A lawyer can help with release conditions, review disclosure, advise on your election and explain your options.

If cost is a concern, Legal Aid Alberta may be able to help if you qualify financially. Given the potential penalties for robbery, it is worth exploring legal help right away.

If you have been charged, you can request a free, confidential first consultation through an independent criminal defence lawyer, and victims can request one here.

This guide is general information about the law in Alberta, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Frequently asked questions

Is robbery a summary or indictable offence in Alberta?

Robbery under section 344 of the Criminal Code is a straight indictable offence everywhere in Canada, including Alberta. It cannot be prosecuted summarily. The maximum sentence is life imprisonment, and minimum sentences apply when a restricted or prohibited firearm is used, or any firearm in connection with a criminal organization. Because it is indictable, you can usually choose to be tried in the Alberta Court of Justice or the Court of King's Bench.

What is the sentence for a robbery charge in Alberta?

There is no single sentence. The maximum is life imprisonment, with minimums of 5 years (first offence) and 7 years (subsequent) only for certain firearm robberies. Outcomes can range from a suspended sentence with probation or a conditional sentence to significant jail, depending on violence, weapons, injuries, your record and personal circumstances. A lawyer can assess the likely range in your case.

Can I get a discharge for robbery?

No. An absolute or conditional discharge is not available for robbery because the offence carries a maximum of life imprisonment. A discharge may only become possible if the case resolves to a different, less serious offence, such as theft or assault, which depends on the evidence and discussions between your lawyer and the Crown. Whether that is available varies from case to case.

What is the difference between robbery and theft?

Theft is taking property fraudulently and without a legal right. Robbery adds something more: violence or threats, personal violence against the victim around the time of the theft, an assault with intent to steal, or being armed with a weapon or imitation. If the Crown cannot prove that extra element, the evidence may only support theft, which carries much lower penalties.

Can a robbery charge be withdrawn or reduced?

It can happen. The Alberta Crown Prosecution Service reviews every file and may withdraw or stay a charge if the evidence is weak or prosecution is not in the public interest. Cases are sometimes resolved to a lesser offence after defence and Crown discussions. Charter breaches or unreasonable delay can also affect the case. Nothing is guaranteed, so get legal advice before making decisions.

Do I need a robbery lawyer in Alberta?

Given that robbery is indictable and carries a maximum of life imprisonment, getting a criminal defence lawyer is strongly recommended, whether your case is in Calgary, Edmonton or elsewhere in Alberta. A lawyer can help at bail, review disclosure, identify defences and Charter issues, and advise on your election and options. Legal Aid Alberta may help if you qualify, and Crime Canada can arrange a free first consultation.

How long does a robbery case take in Alberta?

Many robbery cases take several months to over a year. Under the Jordan decision, delay is presumed unreasonable beyond 18 months in the Alberta Court of Justice or 30 months in the Court of King's Bench, not counting delay caused by the defence. Complex cases with forensic evidence, multiple accused or a jury trial usually take longer than simpler ones.