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PRACTICE AREAS

Our Brampton criminal law firm is committed to assisting clients with all types of criminal litigation matters.

Robbery

 

344 (1) Every person who commits robbery is guilty of an indictable offence and liable

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years

Fraud

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380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

  • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

  • (b) is guilty

    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (ii) of an offence punishable on summary conviction,

    where the value of the subject-matter of the offence does not exceed five thousand dollars.

Dangerous Driving

 

249 (1) Every one commits an offence who operates

  • (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

Assault

 

265 (1) A person commits an assault when

  • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

  • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

  • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Assault with Weapon

 

266 Every one who commits an assault is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

  • (b) an offence punishable on summary conviction.

 

267 Every one who, in committing an assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof, or

  • (b) causes bodily harm to the complainant

Theft

 

Theft is relatively minor in nature. However, in several Ontario cities including; Toronto, Brampton, Newmarket and Oshawa, people charged with theft for the first time may be eligible to have the charge diverted from the court system resulting in a withdrawal of their criminal charges. Each jurisdiction has a different program and eligibility requirements. Once you are accepted into the diversion program, you may be asked to do a number of different tasks often this depends on the region/area that you are charged in. These tasks range from watching a video on shoplifting, making a charitable donation or completing community service hours. Once the diversion program has been completed, the Crown Attorney will recommend to the court that the criminal charge of theft be withdrawn against the accused person.

Sexual Offences

 

265 (1) A person commits an assault when

  • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

  • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

  • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. 

 

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. 

 

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

  • (a) the application of force to the complainant or to a person other than the complainant;

  • (b) threats or fear of the application of force to the complainant or to a person other than the complainant;

  • (c) fraud; or

  • (d) the exercise of authority. 

 

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

Youth Offences

 

In Canada, the Youth Criminal Justice Act applies to youths between the ages of 12 and 18 that have been charged with a criminal offence. Whether charges are made against the accused are brought in youth court ultimately depends upon the date that the offence was alleged to have taken place, not the age of the individual at the time that they are charged or brought to trial.

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Aggravated Assault

 

  • 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

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  • (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Domestic Assault

 

265 (1) A person commits an assault when

  • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

  • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

  • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

 

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Threats

 

  • 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

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(2) The conduct mentioned in subsection (1) consists of

  • (a) repeatedly following from place to place the other person or anyone known to them;

  • (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

  • (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

  • (d) engaging in threatening conduct directed at the other person or any member of their family. 

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  • 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

  • (a) to cause death or bodily harm to any person;

  • (b) to burn, destroy or damage real or personal property; or

  • (c) to kill, poison or injure an animal or bird that is the property of any person.

Impaired Driving (DUI)

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  • 253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

  • (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

  • (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

  • (2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

Murder & Manslaughter

 

​In the Criminal Code of Canada, there is no other charge that is more severe than murder or manslaughter. Such offences fall under the broader term known as "homicide". First-degree murder, second-degree murder and manslaughter attract lengthy jail sentences including the possibility of life in prison.

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Criminal Code of Canada, an individual will be charged with first degree murder if it is committed in the course of certain other offences. These offences are listed in the Criminal Code. A murder is considered first degree if it takes place in the following circumstances:

  • Hijacking

  • sexual assault

  • sexual assault with a weapon

  • aggravated sexual assault

  • kidnapping

  • forcible confinement

  • hostage taking

  • terrorism

  • intimidation

  • any offence committed on behalf of a criminal organization

  • when the victim is a peace officer

Drug Offences

 

If you are charged with drug trafficking, trafficking a controlled substance, these similar offences “possession for the purpose of trafficking” are very serious offences in the Canadian justice system. If you are charged with possession of drugs, the Crown must prove that the item found was an illegal drug(s), and that the accused was in possession of the drug(s). If you have been charged with possession of a substance for the purpose of trafficking, the Crown must prove that the item found was an illegal drug, that the accused was in possession of the drug, and had an intention to sell or give the drugs to others. There are many number of factors that guide Police in determining whether someone should be charged for. Example;‘simple possession’ or ‘possession for the purpose of trafficking’. 

Firearm & Weapons

 

Under the Criminal Code of Canada, unregistered use, possession, and trafficking, carry some of the most serious sentences. Many if not all firearms offences have significant mandatory custodial sentences.

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Some of the most common types of gun and weapons charges include;

  • Unauthorized Possession of a Firearm (s. 91)

  • Possession of a Firearm Knowing Its Possession is Unauthorized (s.92)

  • Carless Storage Use or Storage of a Firearm or Ammunition (s. 86)

  • Possession of a Weapon for a Dangerous Purpose (s. 88)

  • Tampering with a Serial Number (s. 108)

  • Assault with a Weapon (s. 267)

  • Sexual Assault with a Weapon (272)

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