Criminal Law

Learn More About Our Areas of Practice

Assault:

In Canada, section 265 of the Criminal Code of Canada handles assault. The Criminal Code defines assault as the application of force to another person without their consent. Depending on the type of assault you are charged with, you will face varying consequences.

Domestic Assault:

The Criminal Code of Canada does not specify separate charges for domestic assault; instead, an individual may be charged with various offences related to situations encompassing domestic assault, such as assault, assault causing bodily harm, sexual assault, and even criminal harassment. The severity of domestic assault charges can vary, and it is important you work with a lawyer to understand the charges you may be facing.

Assault Causing Bodily Harm:

Section 267 of the Criminal Code of Canada defines assault causing bodily harm as a statutory offence; if you have been charged with assault causing bodily harm and are indicted, you could face imprisonment for up to 10 years. A criminal lawyer understands the evidence required for this charge and will consult with medical experts and other individuals to build a case that may get the charge dismissed or lowered to a summary conviction.

Assault with a Weapon:

Depending on the circumstances of your case, assault with a weapon can mean different things. Section 267 of the Criminal Code explains that a weapon can be anything that is used, designed to be used, or intended to be used to cause harm or threaten another person. In an assault with a weapon charge, the details of your case matter. An indictable offence can carry a prison sentence of 10 years, whereas a summary conviction is a maximum of 18 months. A lawyer will work with you to assess the evidence against you and will collaborate with the Crown and other professionals to lessen your sentence.

Assaulting a Peace Officer:

Assaulting a peace officer or police officer in Canada is a serious offence. Penalties for this charge are serious; if the matter caused bodily harm or involved a weapon, the charge will also increase in severity. Assaulting a Peace Officer is different than just a regular assault charge and is subject to specific legal definitions and consequences. Understanding this charge is difficult, and defending it in court can be challenging. Working with skilled legal representation can ensure you understand the charges against you and the legal process.

Bail Hearing:

If you have been arrested, you have rights. The Criminal Code of Canada stipulates that individuals must be brought before a judge within 24 hours for a bail hearing, which will determine if they must remain in custody or if they can be released while they wait for trial. Although 24 hours may seem like a short amount of time to find a lawyer, having legal representation at a bail hearing is important. A lawyer will help frame your case for bail and will ensure your rights are respected during the arrest and detention process.

Civil and Criminal Fraud:

In Canada, fraud charges can either be classified as criminal or civil charges. Criminal fraud involves deceiving a person or organization with the purpose of causing harm or for personal gain; legal penalties for criminal fraud are defined in the Criminal Code of Canada. Civil fraud is a private matter and occurs when one party misrepresents facts or withholds information from another, causing financial harm; in these cases, the victim has the right to pursue restitution through a court of law. Understanding a fraud charge can be challenging, and working with a lawyer will help you understand the legal process associated with the varying charges.

Criminal Litigation:

Criminal litigation is a challenging process to navigate without a lawyer. Trials in Canada follow a series of steps, with each requiring key documents, disclosures, motions, and pleas. It is highly recommended that you work with a lawyer during criminal litigation; not only will they be able to aid you in preparing for each step of the criminal process, but they have the skills needed to assemble a case that combines evidence, expert testimony, criminal defences, and Canadian law to persuade a court to lessen or drop the charges. Legal representation can be the difference between a successful outcome or a charge that negatively impacts your future.

Drinking and Driving/Impaired Driving Offences:

Drinking and driving is a bad decision, but that doesn’t mean it should ruin your life. If you got behind the wheel and were charged with an impaired driving offence, legal representation is an important step in mitigating the impacts the charge may have on your life and in understanding the rights and options available to you.

Drug Offences:

Drug offences in Canada are dealt with using the Controlled Drugs and Substances Act (CDSA), which outlines the offences and legal penalties associated with drug possession, trafficking, and drug production.

Drug Possession:

Drug possession offences vary based on the drug in your possession, the amount of the drug in your possession, and whether the charge is indictable or a summary charge. This also means that the consequences you face can range from fines up to imprisonment. Working with a lawyer to reduce a drug possession charge is essential.

Drug Possession for the Purpose of Trafficking:

Section 5(2) of the CDSA explains the criminal offence of drug possession for the purpose of trafficking. Depending on the evidence, you can face up to 10 years of imprisonment if convicted. A lawyer will work on your behalf to negotiate with the Crown and reach a settlement. It is essential you contact a lawyer as soon as possible to protect your rights and begin compiling the evidence for your case.

Drug Production:

Unauthorized drug production is a serious offence in Canada. A lawyer will be able to assess your case and choose an appropriate defence strategy. Lawyers have spent years honing their negotiation and advocacy skills; they will fight on your behalf to reduce the charges or seek alternate sentencing options. A drug production charge is scary, but a lawyer will be able to support you and help mitigate the impact the charge may have on your future.

Drug Trafficking:

Drug trafficking in Canada is often tied to organized crime and involves the importing or exporting of controlled substances, possession for the purpose of exporting, and the production of drugs. Due to the nature of drug trafficking, charges can range in severity and may also be linked to other criminal offences, such as assault or gun violence. If you have been charged with drug trafficking, it is imperative you speak with a lawyer as soon as possible to assess your legal options.

Firearm Offences:

Depending on the specifics of your firearm offence, the penalties will be outlined in either the Criminal Code of Canada or the Firearms Act. With the increasing concern of gun violence, firearm offences are extremely serious and can have major penalties. Firearm offences may also lead to other charges, such as assault with a weapon, which can increase the sentence you are facing. If you have been charged with a firearm offence, you need to take it seriously and hire legal representation.

Homicide:

Homicide-related offences in Canada vary based on key circumstances. Individuals may face first-degree murder, second-degree murder, manslaughter, or criminal negligence causing death charges based on the intent behind the crime. Each charge carries different penalties and will require varying defences based on the evidence in each case. Homicide cases are not only complex but also garner public attention. Navigating the courts, assembling a defence, and handling the external pressures related to a homicide charge is challenging; a lawyer will represent you before the court and the public during the proceedings.

Internet Related Crimes:

Cybercrime is an increasing concern in Canadian society and encompasses a variety of charges, such as harassment, stalking, fraud, or identity theft. The Royal Canadian Mounted Police (RCMP) investigate cybercrime in Canada and are aided by the Canadian Cybercrime Coordination Centre. Facing an internet-related charge can be confusing, and you will require legal representation with a strong grasp of technology and criminal laws in Canada.

Professional Discipline:

Although professional discipline offences are typically regulatory matters, there is the possibility that these offences may also accompany criminal charges. Working with a criminal defence lawyer can help you navigate both the regulatory penalties and any resulting criminal charges.

Property Crime:

Property crime encompasses a wide range of offences that include varying charges and legal penalties.

Fraud:

Fraud is a property crime that is outlined in Sections 390 and 382 of the Criminal Code of Canada. Fraud can be criminal or civil. Understanding fraud charges can be challenging; a lawyer is the best resource to help understand and navigate these charges.

Mischief:

Mischief includes destruction or damage to property or interfering with its use. Mischief can be a complex charge, especially if the crime is linked to another criminal offence. A lawyer will help you understand the charge, the sentence you face, and the legal steps you will be required to take.

Possession of Stolen Property:

Possession of stolen property is a complicated offence, as it requires the Crown to prove, beyond a reasonable doubt, that the individual charged was aware that the property in their possession was derived from an offence. Proving this charge often involves eyewitness testimony and evidence to gain a conviction. A criminal defence lawyer will help bring this evidence into question.

Theft:

A theft charge in Canada ranges in severity based on the value of the stolen property. Sections 322 and 334 of the Criminal Code outline the details of both theft and related offences. A lawyer will be able to explain the charges to you and work with you to create a case to reduce your sentence.

Sexual Offences:

Typically, sections 271 and 272 of the Criminal Code of Canada outline the charges and definitions related to sexual offences. Each carries varying sentences and penalties.

Child Pornography:

The possession, distribution, and production of child pornography in Canada are addressed under Section 163.1 and can carry severe consequences. If you are facing a child pornography charge, it is important you discuss the charge with a lawyer.

Sexual Assault:

In Canada, sexual assault is defined as any unwanted sexual activity. The classifications of the charge vary based on the specifics of the case and can include sexual assault with a weapon or even aggravated sexual assault. The consequences of sexual assault can range up to 10 years imprisonment and can impact your personal life, job prospects, and future. Working with a lawyer is important to understand the legal options available to you.

Voyeurism:

Voyeurism is defined as recording or observing individuals in sexually explicit activities without their consent. Charges for voyeurism can proceed through indictment or a summary offence, and the legal consequences will vary based on the charge and evidence against you. Seeking legal representation is important and can assist you in navigating the legal processes and consequences of associated charges or convictions.

Violent Offences:

Violent offences include a broad category of charges. These charges can include everything from threats and harassment to attempted murder. Different charges are covered by different sections of the criminal code and carry varying consequences.

Uttering Threats:

Threats can take multiple forms, from vocal, written, or electronic threats to gestures or actions that imply threat. The Criminal Code of Canada outlines the consequences for uttering threats, including fines and imprisonment. Uttering a threat can result in you losing your freedom and can have long-term consequences if you are convicted. Working with a lawyer will help you mitigate the consequences of the charge using the appropriate legal channels.

Choking:

In the context of Canadian law, choking is often used as a means to commit another crime and involves choking, strangling, suffocating or attempting to incapacitate someone. Depending on the crime, severity of the harm done, and then intent, the maximum sentence for choking someone is life imprisonment. Working with a lawyer is essential to navigate a choking charge.

Domestic Violence:

In Canada, there are no specific federal charges for domestic violence; instead, charges such as assault, harassment, or other violent offences will be used in situations involving domestic violence. Depending on the province you live in, federal charges may be accompanied by provincial charges that have been enacted to combat domestic violence. Since the charges related to domestic violence vary, it is important you speak with a lawyer to determine the consequences you may be facing.

Resisting Arrest:

Resisting arrest involves the act of resisting or obstructing a police or peace officer from making an arrest. The consequences for this charge can vary depending on the situation and whether violence or threat of violence was used. Canadian citizens are guaranteed the right to resist unlawful arrest; it is important you speak to a lawyer regarding the circumstances of your arrest to determine your rights based on the specifics of your situation.

Attempted Murder:

To be convicted for attempted murder in Canada, the crown must prove that there was intent to commit murder. If proven, you may face life imprisonment. Working with a lawyer when facing an attempted murder charge is essential to call into question the evidence that the Crown will be using in their case against you.

Criminal Harassment:

Criminal harassment, or stalking, involves engaging in conduct that causes an individual to fear for their safety or the safety of someone known to them. If you repeatedly communicate with a person, follow them, watch their dwelling place, or display threatening conduct, you may be charged with criminal harassment. Working with a lawyer to assess the charge and its implications under Canadian law is essential.

Robbery:

In Canada, offences related to robbery are in Section 343 of the Criminal Code. Depending on the facts of the case, for example, if the robbery involved a weapon, the consequences could include life imprisonment. Don’t let a robbery charge ruin your life; work with a lawyer to determine the legal options for your case and the steps you need to take to lessen the impact the charge has on your future.

White Collar Crime:

White-collar crime in Canada typically refers to non-violent crimes perpetrated for financial gain, including, but not limited to, embezzlement, corporate fraud, and money laundering. White-collar crimes are enforced by various government agencies and have varying consequences. White-collar crimes and their related charges are often complex and require a strong understanding of business, finance, criminal laws, and technology. A lawyer works with their clients to assess the charges and determine the best defences available to their clients.

Youth Criminal Justice / Youth Offences:

In Canada, the Youth Criminal Justice Act (YCJA) outlines the measures to be taken against youth aged 12 to 18 who have committed an offence. When compared to the Criminal Code of Canada, the act provides differing sentences for youth who commit crimes and places a focus on rehabilitation. The YCJA also contains privacy regulations related to youth offences, as well as custody alternatives. If your child has been charged with a crime, speaking with a lawyer who has knowledge of the youth criminal justice system is an important component when establishing the best path forward.

Contact RSG Law

If you have been charged with a criminal offence, contacting an RSG Criminal Defence lawyer should be your first call. Our lawyers have experience representing individuals inside and outside the courtroom and will be able to advise you on the best course of action for your specific case. A criminal offence is serious; RSG promises to take the time and effort required to get you the best outcome possible.

Contact RSG Law to learn about our criminal defence services.