Charged With Robbery in Ontario? What Happens Next

What a robbery charge means in Ontario

Robbery is defined in section 343 of the Criminal Code. The punishment is set out in section 344. Because it is federal law, the offence is the same whether you are charged in Toronto, Brampton, Mississauga, Ottawa, Hamilton or a small town. What is specific to Ontario is how the case moves through the courts and who is involved.

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

• steal and use violence or threats of violence against a person or property, either to get the item or to overcome resistance to the theft;
• steal from someone and, at the time or immediately before or after, wound, beat, strike or use personal violence against that person;
• assault someone with intent to steal from them; or
• steal from someone while armed with an offensive weapon or an imitation of one.

The Crown (the prosecutor who acts for the public) must prove every element beyond a reasonable doubt. Usually that means proving that you were the person involved, that there was a theft (or, for the assault branch, an intent to steal), and that the violence, threat or weapon was connected to the theft. Under the assault-with-intent branch, nothing actually has to be taken.

Robbery is a straight indictable offence. Many offences became hybrid after the 2019 reforms (Bill C-75), but robbery did not: it cannot be prosecuted by summary conviction, and the maximum sentence is life imprisonment. For a national overview, see our guide to robbery under the Criminal Code.

Being charged is not the same as being found guilty. You are presumed innocent unless the Crown proves its case.

What happens after a robbery charge in Ontario

Arrest and release

Because robbery is treated as a violent offence, police in Ontario often hold the person for a bail hearing instead of releasing them from the station. Police release is still possible on an undertaking, which is a written promise to attend court and follow listed conditions. If you are held, you must be brought before a justice, generally within 24 hours where one is available.

At a bail hearing, the court can grant a release order. Common conditions include:

• no contact with the complainant or witnesses;
• staying away from certain places, such as the store or address involved;
• living at a set address, sometimes with a curfew;
• not possessing weapons; and
• in some cases, a surety, a person who agrees to supervise you and may pledge money.

Usually the Crown must show why you should be kept in custody. In some situations, for example where a firearm is alleged or you were already on release for another indictable offence, the burden shifts to you to show why you should be released (a "reverse onus"). Federal bail rules have been amended recently and further changes have been proposed, so ask a lawyer what applies to your case.

Breaching a condition is a separate criminal offence and can lead to detention. Follow every condition exactly, even if you believe the charge is wrong.

Who decides on charges

In Ontario, police lay charges themselves. Crown attorneys of the Ministry of the Attorney General then review and prosecute the case. The Crown can continue the charge, change it, add or drop counts, or withdraw it as the evidence develops.

First appearance and disclosure

Your first appearance will be in the Ontario Court of Justice. It is mostly administrative; the case is not decided that day. A key step is getting disclosure, which is the Crown's evidence: police notes, witness statements, surveillance or phone video, photographs, 911 recordings, identification procedures and forensic results. The Crown has a constitutional duty to disclose relevant material. In robbery cases, video evidence can be extensive and may arrive in stages.

Choosing a court

For hybrid offences, the Crown chooses whether to proceed summarily or by indictment. Because robbery is indictable only, there is no Crown election. Instead, you usually choose how you will be tried:

• by a judge of the Ontario Court of Justice;
• by a judge alone in the Superior Court of Justice; or
• by a judge and jury in the Superior Court of Justice.

Because robbery carries a maximum of life, you can request a preliminary inquiry if you choose the Superior Court. This is a hearing where a judge decides whether there is enough evidence to send the case to trial. Which option makes sense is a strategic decision to make with a lawyer.

Resolution or trial

Most cases go through meetings with the Crown and a judicial pretrial before any trial date. A case can end in several ways: withdrawal, a resolution the Crown and defence agree on, or a trial. What is realistic depends on the evidence, your history and the circumstances.

How long it takes

Under the Supreme Court's Jordan decision, delay is presumed unreasonable once it passes 18 months for a case in the Ontario Court of Justice, or 30 months for a case in the Superior Court. Delay caused by the defence does not count, and exceptional events can justify extra time. In practice, many robbery cases take several months to more than a year.

Possible penalties for robbery

Separate firearm or weapon charges are sometimes laid alongside robbery. Mandatory minimums can also be challenged under the Charter, and courts have struck some down, so ask a lawyer about the current position.

What sentences can look like in practice

• No discharge: An absolute or conditional discharge (a finding of guilt without a conviction) is not available for robbery, because the maximum is life imprisonment. A discharge may only become possible if a case ends on a different, less serious offence.
• Suspended sentence and probation: In less serious cases with no mandatory minimum, a court can suspend the sentence and impose probation with conditions.
• Conditional sentence: Since Bill C-5, a conditional sentence (jail served in the community under strict conditions, often house arrest) can legally be considered for robbery where no minimum applies and the sentence is under two years. It is still not common for robbery.
• Jail: Custody is common. Robberies involving weapons, injuries, homes or banks can lead to penitentiary terms of several years.
• Other orders: A weapons prohibition is generally mandatory on conviction. A DNA order, restitution to the victim and a victim surcharge are also common.

Factors that often matter include whether a weapon or imitation was used, any injury, how vulnerable the victim was, planning, the number of people involved and any prior record. If the robbery took place in an occupied home, the Criminal Code treats that as aggravating. Mitigating factors can include youth, no record, remorse, treatment for addiction or mental health issues, and, for Indigenous people, Gladue factors. Time already spent in pre-trial custody is usually credited, often at up to 1.5 days for each day served. Young people aged 12 to 17 are dealt with under the Youth Criminal Justice Act, which has different sentencing rules.

Other consequences in Ontario

Criminal record: A conviction creates a criminal record that shows up on police and employment checks across Ontario and the rest of Canada.

Record suspension: The Parole Board of Canada sets the waiting periods. They are 5 years after completing a summary sentence and 10 years for an indictable one. Because robbery is always indictable, the 10-year period applies, counted from when every part of the sentence is finished, including fines and probation.

Travel to the United States: US border officers can refuse entry to people with convictions for offences like robbery. You may need a US waiver, which can take time to obtain.

Immigration: If you are not a Canadian citizen, a robbery conviction is treated as serious criminality under immigration law because of its life maximum. It can lead to loss of permanent resident status and removal, even with a short sentence. Speak to an immigration lawyer as well as a criminal lawyer before any resolution.

Employment and daily life: Jobs in security, finance, retail management, health care and work with vulnerable people often require checks. Bail conditions can also affect where you live, work or travel while the case is ongoing.

Common defences and issues a lawyer will look at

Every case is different, but a criminal lawyer reviewing a robbery charge will often examine:

• Identification: Robbery cases often turn on eyewitness identification, which can be unreliable, especially when an event is fast or stressful. Lawyers scrutinize photo line-ups, video quality and how police showed images to witnesses.
• Whether there was a theft: If the person honestly believed they had a right to the property (a "colour of right"), there may be no theft and therefore no robbery.
• The link between violence and theft: A fight and a later taking may not be robbery if the violence was not used to steal. The case may be a different, less serious offence.
• Weapons: Whether an object was really an offensive weapon or imitation, and whether a firearm was actually used, can change the penalty range.
• Party liability: In group incidents, the Crown must prove what each person did or intended, not just that they were present.
• Section 8 of the Charter: The right to be secure against unreasonable search and seizure, including searches of phones, vehicles and homes.
• Section 9: Protection against arbitrary detention, including street stops.
• Section 10(b): The right to speak to a lawyer without delay after arrest, and to be told of that right.
• Statements: Whether anything you said to police was voluntary and can be used.
• Disclosure and delay: Missing evidence or unreasonable delay can affect the case.

How common are robbery charges in Ontario?

According to Statistics Canada police-reported data, Ontario recorded 7,695 robbery incidents in 2025, a rate of 47.33 per 100,000 people. That year, 3,634 persons were charged. The Canada-wide rate was 55.05.

The rate was highest at 65.79 in 2017. It fell sharply in 2020 and 2021, rose again through 2024, then dropped in 2025. Since 2018, Ontario's rate has stayed below the national rate. You can explore more figures on our Ontario crime statistics page and follow recent cases on our Ontario crime news page.

If you are the victim or complainant

If you have been robbed, your safety comes first. Contact emergency services if you are in danger, then report to your local police service. Keep any receipts, photos, messages or video, and write down what you remember as soon as you can.

In Ontario, police investigate and lay the charge. Crown attorneys of the Ministry of the Attorney General then prosecute it. You are a witness for the Crown, not a party with your own lawyer in the case, but you can ask to be kept informed.

• Victim Services Ontario can offer support, information about the court process and referrals.
• No-contact conditions: The accused's undertaking or release order often bans contact with you. Report any breach to police.
• Peace bonds: Under section 810 of the Criminal Code, a court can order someone to keep the peace and stay away from you, even without a conviction.
• Victim impact statement and restitution: If there is a conviction, you can describe how the crime affected you and ask for repayment of losses.

You can also get your own independent legal advice about your rights and options.

When to speak with a lawyer

Speak with a criminal lawyer as early as possible: ideally before you talk to police, and before your bail hearing or first appearance. You have the right to remain silent. Anything you say to police, friends or on social media can become evidence. A lawyer can help you understand the charge and your bail conditions, review disclosure and explain your options for the court and trial.

If you cannot afford a lawyer, contact Legal Aid Ontario to see whether you qualify. Duty counsel may also be available at court for urgent matters.

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

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

Frequently asked questions

Is robbery an indictable offence in Ontario?

Yes. Robbery under section 344 of the Criminal Code is a straight indictable offence everywhere in Canada, including Ontario. It cannot be prosecuted by summary conviction, and the maximum sentence is life imprisonment. Because there is no Crown election, the accused usually chooses whether to be tried in the Ontario Court of Justice, or in the Superior Court of Justice by a judge alone or a judge and jury.

Can you get a discharge for a robbery charge?

Not for robbery itself. The Criminal Code does not allow an absolute or conditional discharge for offences with a maximum of life imprisonment, and robbery has that maximum. A discharge may only be possible if a case ends on a different, less serious offence. Whether that happens depends on the evidence and the Crown's position, so speak with a lawyer about your situation.

How much jail time can you get for robbery in Ontario?

The maximum is life. A minimum of 5 years (7 for a repeat offence) applies if a restricted or prohibited firearm was used, or any firearm in connection with a criminal organization. Otherwise there is no minimum. Sentences range from probation or a conditional sentence in less serious cases to several years in a penitentiary, depending on weapons, injuries, planning and your record.

Will I get bail if I am charged with robbery?

Many people charged with robbery are released, often with strict conditions such as no contact, curfews, a weapons ban or a surety. Usually the Crown must justify detention. In some cases, for example where a firearm is alleged or you were already on release for another indictable offence, you must show why you should be released. A lawyer can help you prepare a release plan.

What is the difference between robbery and theft?

Theft is taking property without right. Robbery is theft combined with violence or threats, theft while armed with a weapon or imitation, or an assault with intent to steal. The violence or threat must be connected to the stealing. If it was not, or if there was an honest claim of right to the property, the case may not be robbery at all.

Do I need a robbery lawyer in Ontario?

Robbery is a serious indictable charge with a possible life sentence, no discharge option and lasting consequences for travel, work and immigration, so getting legal advice early is strongly recommended. A criminal lawyer can help with bail, review disclosure, look for Charter issues and advise on your court options. Legal Aid Ontario may help if you cannot afford a lawyer.

How long does a robbery case take in Ontario?

It varies. Many cases take several months to more than a year. Under the Supreme Court's Jordan decision, delay is presumed unreasonable after 18 months in the Ontario Court of Justice, or 30 months in the Superior Court of Justice, not counting delay caused by the defence. Choosing a preliminary inquiry or a jury trial usually adds time.