When it comes to reporting the crime to the police, the terms theft and robbery are sometimes used interchangeably. (The terms ‘larceny’ and ‘burglary, FYI, aren’t used at all in Canadian law. But from a legal standpoint, each term has a distinct meaning to describe the type of crime, how it was committed, and its legal consequences.
To help you understand the difference between these terms (and build a strong defence), our criminal law firm has put together this post.
Key Differences Between Theft and Robbery
Our criminal law firm wants our clients to know these terms differ as sentencing may vary depending on the category of crime. In this blog, we summarize the offences and what they involve.
Theft
Theft is defined as intentionally taking someone’s property without their consent to permanently or temporarily deprive them of that article. This could mean different things such as pick-pocketing, shoplifting, taking items from a workplace, or stealing a car.
Section 322 (1) of the Canadian Criminal Code describes the complete scope of theft and divides it into two offences:
Theft More Than $5,000
If the value of the product or goods exceeds $5,000, it’s considered to be an indictable offence and the maximum sentence is 10 years imprisonment.
Theft Not More Than $5,000
If the total value of the goods stolen isn’t more than $5,000, it falls on the prosecutor to decide whether they want to treat it as a summary or indictable offence.
Summary offences can be punished with a fine up to $2,000 fine and/or imprisonment up to six months. On the other hand, if the accused is charged with an indictable offence, they may be imprisoned up to two years. Sentences vary based on the personal circumstances of the accused.
Robbery
Robbery is classified under section 343 of the Canadian Criminal Code as a violent crime committed while taking (or attempting to take) property belonging to someone else. Though it may sound similar to theft, offenders committing robbery either use force, threat, or intimidation when taking the property.
Since it involves violence, robbery is commonly considered a more serious offence than theft. This makes it an indictable offence with prison time if it involved a firearm.
Prior convictions may increase any sentence. And if the robbery is committed in association with a criminal organization, the punishment could be life in prison.
To sum up, theft includes stealing property without entering a building or using force. Robbery is committed when the property is taken with force or the threat of it. Though they have similar elements, their definitions and penalties are distinctly different.
Do you or a loved one need help to navigate the Canadian legal system for a charge of theft or robbery? Your best bet is to contact a criminal defence lawyer as they will know the differences between the terms and have experience handling such charges. A skilled professional will be able to defend and preserve your freedom. If you are being falsely accused, contact a criminal law firm before saying anything to investigators to avoid damaging your case.
No matter the severity of the charges faced by the accused, it’s in their best interest to contact a criminal defence lawyer or a criminal law firm to handle the charges.