Armed robbery is defined under Section 343(d) of the Criminal Code of Canada as a robbery where the offender uses a weapon, or imitates having one, during the commission of the crime. In simple terms, it’s when someone steals from another person using force, threats, or intimidation—while armed with a real or fake weapon. This is treated far more seriously than a typical robbery due to the added threat of violence.

The penalties for armed robbery in Ontario are among the harshest in Canadian criminal law. If a restricted or prohibited firearm is used, the mandatory minimum sentence is five years in prison for a first offence, and seven years for any subsequent convictions. Even if no shots are fired and no one is hurt, the sentence can still be severe.

Judges also consider factors like the type of weapon used, whether anyone was injured, the planning involved, and the accused’s criminal history. It’s not uncommon for sentences to exceed 10 years in cases involving violence or organized efforts.

You might be surprised to learn that a “weapon” doesn’t have to be a gun. In Canadian law, it can be anything used—or even just perceived—as a tool for intimidation. This includes:

• Knives or firearms (real or fake)

• BB guns or airsoft pistols

• Tools like crowbars or hammers

• Even gestures or threats that suggest a weapon is present

The intent to create fear is what elevates a robbery to an armed robbery.

A charge is not a conviction. Several strong defences may apply, depending on the details of your case:

• Mistaken Identity – Was the accused correctly identified?

• No Weapon Was Used or Implied – Was there actual evidence of a weapon?

• Lack of Intent – Did the accused actually intend to commit robbery?

• Charter Violations – Were your rights violated during the arrest or investigation?

At Bigioni Law, we carefully examine the evidence, challenge assumptions, and pursue every possible defence to protect your freedom and your future.

Armed robbery cases move quickly and carry serious, life-changing consequences. Without experienced legal representation, you may be pressured into a guilty plea or face a sentence that could have been avoided. A skilled defence lawyer can:

• Help you understand your rights

• Analyze the evidence and find inconsistencies

• Represent you in court with a tailored, strategic defence

• Analyze evidence to find holes in the Crown’s case

• Negotiate with the Crown to secure a withdrawal of the charges

Bigioni Law brings a deep understanding of Ontario’s criminal justice system and a strong courtroom presence to every case.

Accusations of armed robbery are serious — and it’s easy to feel like the system is working against you. At Bigioni Law, we don’t just fight charges—we fight for people. You’ll get:

• A confidential consultation

• A clear explanation of your legal options

• A personalized defence strategy

• Relentless advocacy in and out of the courtroom

The earlier you contact us, the better your chances of a successful defence. Don’t wait. Contact Bigioni Law today and take the first step toward protecting your future.