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Criminal Defence

Have you been charged with a criminal offence under the Criminal Code of Canada, the Controlled Drugs and Substances Act? If you have been charged with such a criminal offence or contacted by the police in relation to an alleged offence, contact us. We assist individuals charged with a wide range of criminal offences with our Criminal Lawyer Kitchener services. These charges include shoplifting, fraud, aggravated assault and even murder. Our criminal offence lawyers accept legal aid certificates and offer individualized payment plans for clients, making every effort to provide you with justice. It’s regardless of the financial situation in which an individual may find himself or herself.

We provide Kitchener Criminal Defence Lawyers 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
  • Dangerous Weapons
  • Fraud (over & under $5,000)
  • Theft (over under $5,000)
  • Youth offences
  • And Many More!

Our criminal cases lawyers serve clients in the areas of Kitchener, Waterloo, Cambridge, Guelph, Milton and the Greater Toronto Area. If you’re specifically in search of a Kitchener Criminal Attorney 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 framework of a domestic relationship. An assault, as defined under section 265 of the Criminal Code of Canada, involves intentional physical contact with another person to which the other person hasn’t consented. The Domestic Assault charges are considered a more aggravating form of assault, as set out in s.718.2(a)(ii) of the Criminal Code of Canada.

Potential defences to this offence include questioning the credibility of the complainant or giving justifications like self-defence. Intoxication commonly influences assault-related offences but is not a defence to the charge.

Contact us today to get the best family violence lawyer for your domestic assault case.

Common Assault

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

“A person commits an assault when:

  • He intentionally applies force to that other person directly or indirectly without the consent of another person.
  • 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.
  • While openly carrying a weapon or imitation, one may commit an offence by accosting or impeding another person or by begging. These offences can occur 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 section 267(a) of the Criminal Code of Canada. An assault with a weapon is essentially a common assault that involves the committing of the offence while carrying, using, or threatening to use a weapon (or an imitation weapon). A “weapon” is broadly defined under section 2 of the Criminal Code. It includes things designed to be used as weapons, as well as any objects that can 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 Cause Bodily Harm

Assault causing bodily harm is a criminal offence outlined within section 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 petty 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 accountable criminal offence found under section 268 of the Criminal Code of Canada. This offence involves an assault that leads to wounding, injuring, 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 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 criminal assault attorney. Our free initial consultation is open to those in search of Cambridge Criminal Law Defence Lawyers.

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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 individuals 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 section 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. To deal with such charges, you should hire our criminal justice attorneys. 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 that 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 a 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 control of a conveyance with more than two 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 possessing, trafficking, or possessing for trafficking or importing a controlled substance. Controlled substances are defined under four separate “schedules” in this legislation. Some of the most common ones 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) or constructive (such as placing the drug somewhere and having some control over it).

Weapons Dangerous

Section 88(1) of the Criminal Code of Canada makes it a crime to possess a weapon for the purpose of disturbing the 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.  Especially if it is 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.

Fraud

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. The 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

Theft is a crime found under section 334 of the Criminal Code of Canada. It involves stealing something that is owned by another person, where the accused does so with the intention to deprive the owner of it. 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 the 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 Waterloo Criminal Lawyer, we urge you to take advantage of our complimentary initial consultation.

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Andrew Captan and Varun Sharma, practicing in association, represent clients in Ontario’s regions, including the Greater Toronto Area, Kitchener-Waterloo, Guelph, Milton, Hamilton, Woodstock, etc. Through their collective effort, they represent people charged with a wide range of crimes, from shoplifting, domestic assault, and armed robbery to sexual assault. A focus of our practice includes drinking charges 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. Some more areas include Milton, Brampton, Mississauga, Newmarket, Guelph, Oshawa, Bradford, Midland, Barrie, Milton, Hamilton, 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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