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Criminal Defence

If you have been charged with a criminal offence under the Criminal Code of Canada, the Controlled Drugs and Substances Act, or contacted by the police in relation to an alleged offence, give us a call. We assist individuals charged with a wide range of criminal offences with our Criminal Lawyer Kitchener services, from shoplifting and fraud to aggravated assault and murder. We accept legal aid certificates and offer individualized payment plans for clients, making every effort to provide access to our services, regardless of the financial situation in which an individual may find him or herself.

We provide Kitchener Criminal Lawyer in the following areas of criminal law:

  • Domestic Assault
  • Common Assault
  • Assault with Weapon
  • Assault Causing Bodily Harm
  • Aggravated Assault
  • Sexual Assault
  • Assault Police Officer
  • Impersonating police
  • Utter Threats
  • DUI/Impaired Driving
  • Possession and Trafficking of Drugs
  • Weapons Dangerous
  • Fraud (over & under S 5,000)
  • Theft (over under S 5,000)
  • Youth offences
  • And Many More!

We serve clients in the areas of Kitchener, Waterloo, Cambridge, Guelph, Milton and Greater Toronto Area. If you’re specifically in search of a Kitchener Criminal Lawyer, we invite you to take advantage of our free initial consultation.

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Lawyer Book on Topic Domestic Violence

Domestic Assault

A Domestic Assault is an Assault that takes place within the context of a domestic relationship. An Assault, as defined under s. 265 of the Criminal Code of Canada, generally speaking involves intentional physical contact with another person, to which the other person does not consent. A Domestic Assault is considered a more aggravating form of Assault, as setout in s.718.2(a)(ii) of the Criminal Code of Canada.
Potential defences to this offence include arguing that the complainant is not credible or arguing a justification such as Self Defence. Intoxication, in reality. commonly influences Assault related offences. but is not a defence to the charge.

Common Assault

A common (or simple) Assault defined under s. 265(1) of Criminal Code of Canada:

“A person commits an assault when:

  • Without consent of another person, he applies force intentionally to that other person. directly or indirectly.
  • He attempts or threatens, by an act or gesture, to apply force to another person if he has or causes that other person to believe, upon reasonable grounds, that he has the present ability to effect his purpose; or
  • While openly carrying a weapon or imitation, accosts or impedes another person or begs. Offences can be committed in three different ways.The most commonly laid form of assault is under paragraph (a), which deals with intentional physical contact with another person to which the other person does not consent.

Assault with Weapon

Assault with a Weapon is a criminal offence found under s. 267(a) of the Criminal Code of Canada. An assault with a weapon is essentially a common assault that involves the commission of the offence while carrying, using, or threatening to use a weapon (or an imitation weapon). A “weapon” is broadly defined under s. 2 of the Criminal Code and includes things that are designed to be used as weapons, as well as any objects that can be used to cause injury or threaten another individual. In the context of an Assault with a Weapon, anything from a cup to a vehicle can be considered a weapon.

Assault Causing Bodily Harm

Assault causing bodily harm is a criminal offence outlined within s. 267(b) of the Criminal Code. Assault causing bodily harm combines the offence of assault with the added element of injury to the complainant. Injury, in this context, is defined as any hurt that is not trifling or transitory. The Crown has to also prove that the accused caused that bodily harm, as well as that the bodily harm was reasonably foreseeable.

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Aggravated Assault

Aggravated assault is an indictable criminal offence found under s. 268 of the Criminal Code of Canada. This offence involves an assault that leads to wounding, maiming, disfigurement, or endangerment of the life of the complainant.

Sexual Assault

Sexual assault, found in section 271 of the Criminal Code, involves intentionally touching another person in a sexual nature. There is a wide spectrum of physical contact that might be encompassed in this offence. For example, it is possible for the touching of another person’s thigh to constitute sexual assault at one end of the spectrum. On the other side of the spectrum, forced sexual intercourse constitutes the most serious form of sexual assault.

Assault Police Officer

Under Section 270(1)(a) of the Criminal Code, it is a crime to assault a police officer who is working in the course of their duty. The elements of the offence combine a common assault, combined with the requirement that the victim be an officer who was on duty and acting lawfully.

If you’re charged with such an offence, you might need the help of a professional. Our free initial consultation is open to those in search of a Cambridge Criminal Lawyer.

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Personating Police

Section 130(1) of the Criminal Code of Canada prohibits individuals from impersonating a police officer. That section reads as follows:
“Everyone commits an offence who
(a) falsely represents himself to be a peace officer, a public officer, or
(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.”

Utter Threats

It is a crime to threaten either “bodily harm” or “death” under s. 264.1(1) of the Criminal Code of Canada. Threats short of those involving references to “bodily harm” or “death” would not be encompassed under this section of the Criminal Code. However, there may be other offences, such as Criminal Harassment, that could be laid in those circumstances. For the offence of Utter Threats, the Crown is required to prove that:
a) A threat of death or bodily harm was made, and
b) The words were expressed as a threat with the intent to intimidate or to be taken seriously.

DUI / Impaired Driving

Drinking and drug-impaired driving make up a large portion of the charges that proceed through Ontario courts on a regular basis. The legislation surrounding these offences was overhauled in December 2018. Now, the offences make reference to “conveyances” rather than just motor vehicles. Courts have interpreted this to include a variety of “vehicles” that are propelled by energy other than from a motor.

a) Excess Blood Alcohol / 80 Plus

This involves having a blood alcohol level that exceeds the legal limit while operating or having care or control of a conveyance. The legal limit is now 79 mg of alcohol in 100 ml of blood. In other words, you can be charged and found guilty of a criminal offence if your blood alcohol concentration is at 80 mg or higher.

b) Impaired (by Drug or Alcohol)

This offence involves the allegation that an individual’s ability to operate or have care or control of a conveyance was at least slightly affected by drug or alcohol consumption.

c) Refuse / failure to Provide Breath Sample

It is a criminal offence to refuse a breath demand, and the consequences are the same (or even more severe) than a ‘standard’ DUI conviction.”

d) Excess THC Level

It is a criminal offence to operate or have care or control of a conveyance with more than 2 nanograms of THC per millilitre of blood.

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Possession and Trafficking of Drugs

It is a criminal offence under the Controlled Drugs and Substances Act to possess, traffic, or possess for the purpose of trafficking or importing a controlled substance. Controlled substances are defined under four separate “schedules” in this legislation. Some of the most common names would be cocaine, heroin, ecstasy, and the like. The most commonly laid drug charge is that of Simple Possession. This requires the Crown to prove that the accused had both knowledge and control of the drug in question. Possession can be actual (such as having the drug on you) or constructive (such as placing the drug somewhere where you know it is and having some measure of control over it).

Weapons Dangerous

Section 88(1) of the Criminal Code of Canada makes it a crime to possess a weapon for a purpose dangerous to public peace.
“88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition for a purpose dangerous to public peace or for the purpose of committing an offence.”
Courts will decide, on a subjective and objective basis, whether the weapon was possessed for a purpose dangerous to public peace.


Under section 380(1) of the Criminal Code of Canada, fraud consists of either fraud under or over $5,000. The Supreme Court of Canada has outlined the elements of this offence, which include:

  1. An act of deceit, falsehood, or some other fraudulent means; and
  2. Deprivation caused by the prohibited act in question;
  3. Subjective knowledge of the prohibited act; and
  4. Subjective knowledge that the prohibited act could have, as a consequence, deprivation to another person.
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Theft is a crime found under s. 334 of the Criminal Code of Canada. It involves the taking or converting of something that is owned by another person, where the accused does so fraudulently and with the intention to deprive the owner of the thing. Theft, like fraud, involves either a Theft Under $5,000 or Theft Over $5,000.

Youth Offences

The Youth Criminal Justice Act regulates crimes committed by youth, who are defined as ages 12-17. There are significant differences between adult and youth criminal procedures. Youth sentences, for example, differ from adult sentences and focus on rehabilitation rather than punishment due to the lower level of moral blameworthiness of younger people. Youths also have additional procedural safeguards when interacting with the justice system, such as the right to a parent or support person while being interviewed by police.
Youth offence allegations can be fatal for a child’s future. Seeking help from a professional becomes too crucial here. Our legal expertise covers Kitchener, Cambridge, Waterloo, Guelph, Milton, and the Greater Toronto Area. If you’re in particular need of a Criminal Lawyer in Waterloo, we urge you to take advantage of our complimentary initial consultation.


Andrew Captan and Varun Sharma, practicing in association, represent clients in various regions in Ontario, including the Greater Toronto Area, Kitchener-Waterloo, Guelph, Milton, Hamilton, Woodstock, and more. Through their collective effort, they represent people charged with a wide range of crimes, from shoplifting and domestic assault to armed robbery and sexual assault. A focus of our practice includes drinking and driving charges as well as domestic violence

We represent individuals throughout each stage of the criminal court process, from the bail hearing to the trial stage. Due to collaborative efforts, the base of the practice is expanded, covering areas in and around the GTA, as well as Kitchener-Waterloo-Cambridge, Milton, Brampton, Mississauga, Newmarket, Guelph, Oshawa, Bradford, Midland, Barrie, Milton, Hamilton, and Brantford, and St. Catharines.

We also accept legal aid and offer interest-free individualized payment plans for all clients. Every effort is made to provide access to services regardless of the financial situation in which a client or potential client finds themselves.

To speak directly about a case, call 519-224-3082. Free initial consultations are offered to all individuals facing criminal charges.

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