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Assaulting a Peace Officer: Charges, Penalties, & Possible Defences

Canadian courts take crimes against peace officers seriously. The charge is under “Offences Against the Person and Reputation.” Similar to other assault charges, the same elements of assault must be met but unlike other assault types, the victim in the assault is a peace officer. The Criminal Code outlines serious punishments for such crimes against peace officers. What is Assaulting a Peace Officer? First, the Crown must establish you committed an assault. You will be found to have committed an assault if any of the three situations occur: You intentionally applied force to another without their consent; or You attempted or threatened to apply force with an act or gesture causing the victim to believe you were going to assault them; or While wearing a real or imitation weapon, you accosted or impeded another person Then, the Crown must prove you committed the assault against a peace officer. Assault against a peace officer is outlined in section 270(1) of the Criminal Code . ...
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How to Defend Yourself Against Sexual Assault Charges In Canada

In Canada, sexual assault occurs when a victim is coaxed, manipulated, or forced into any unwanted sexual activity. In order to secure a successful conviction for sexual assault, a Crown prosecutor must prove beyond a reasonable doubt that the accused committed the assault itself and that the accused intended to commit the assault. In order to prove that the accused committed a physical act, the prosecutor will have to demonstrate that there was touching, that the touching was of a sexual nature and that there was an absence of consent. A conviction for sexual assault is very serious and can result in a prison sentence, loss of employment, mandatory supervision upon release, and registration as a sex offender. If you have been accused or charged with sexual assault, founded or unfounded, it is important that you contact an experienced criminal defence lawyer as soon as possible. When formulating the best defence to sexual assault allegations, there are a number of important factors t...
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Failure to Comply with Bail Conditions in Canada

When an accused person is released on bail, it is possible that there may be conditions that they will have to comply with while they are released. Conditions can vary depending on the circumstances, but may include a curfew; a no-contact order; and/or a prohibition from consuming drugs or alcohol. It is generally considered a criminal offence to violate or fail to comply with any of the conditions. Being found guilty of violating bail conditions will result in a criminal record and could potentially lead to jail time, even for a first offence. Additionally, having a criminal record that includes a failure to comply with bail can make it much more difficult to receive another release on bail in the future. Given the serious nature of the possible consequences for being found guilty of violating a bail condition, it is critical that you speak with an experienced defence lawyer. They will be able to work with you to determine the best defence for your situation. What Happens If I Fail...
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Domestic Violence: Is It a Felony or Misdemeanor?

In Canada, the Criminal Code does not distinguish between “felony” or “misdemeanour” charges; this is a misunderstanding stemming from the American Criminal Justice System. However, this article will endeavour to provide some insight into these types of charges in the American Criminal Justice System. Domestic violence refers to any act of violence or abuse which occurs within a home setting. Generally, domestic violence refers to abuse between partners, but it can apply to anyone living in the same home, including a relative or roommate. In the United States of America, a charge of domestic violence can be considered a felony or a misdemeanour, depending on the specifics of the situation. It will also highly depend on in which state the crime occurred. Very simply, misdemeanours can be understood to be crimes that are punishable by up to one year in county jail. On the other hand, felonies are considered to be the most serious type of criminal offence. Police officers, in consultati...
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Refusing To Take A Breathalyzer Test in Canada

Have you ever gone out for a fun night out and found yourself pulled over, police lights flashing, being asked to take a breathalyzer test on your way home? The initial response is usually panic. This blog post will address any questions you have when it comes to being asked to take a breathalyzer test and what happens if you refuse to take it. Can I Refuse To Take a Breath Test? As an easy rule: do not refuse a breathalyzer . Under section 320.15 of the Criminal Code , refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences. Some people assume that if they do not provide a sample, then there is less evidence for a drinking and driving charge. This assumption is incorrect. Refusing to complete a breath test will work against you in court and will weaken your defence for a drinking and driving charge. To summarise, take the breathalyzer. A common misconception i...
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Sexual Interference: What It Is, Charges, Penalties, & Possible Defences

You may be charged with sexual interference and confused about what the difference is from sexual assault. Sexual interference is a type of sexual assault with a specific purpose. It occurs when sexual assault is committed against a victim under the age of 16 years for a sexual purpose. The age of 16 is an important age as it signifies the age of consent in Ontario. What Is Sexual Interference and Invitation to Sexual Touching? Under section 151 of the Criminal Code , sexual interference is defined. Sexual interference occurs when someone touches, with a part of the body or an object, any part of another person’s body under the age of 16, either directly or indirectly, with a sexual purpose. A person under the age of 16 is unable to consent to Ontario. Invitation to sexual touching is covered by section 152 of the Criminal Code . The charge is defined as inviting, with part of the body or with an object, anyone under the age of 16 to touch the body of another person, directly or ind...
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What is the Difference Between Theft, Robbery and Burglary?

In situations where money or property has been taken, the terms “theft”, “burglary”, and “robbery” are often used interchangeably. However, there are differences between them which make each its own offence. What an accused is charged with describes how the crime was committed, the type of crime, and the legal consequences. For example, being charged with burglary is considered to be more serious than theft, and thus will likely result in a more serious penalty. In brief, a robbery occurs when someone steals from a person either by using force or a threat of force. Someone is guilty of theft when they steal property without using force. Burglary means to illegally enter a property in order to steal other property from it. The difference between each of these charges is not always easy to spot. Moreover, how each of these charges is defended in court will vary. That is why it is important to contact an experienced criminal defence lawyer if you have been charged with either theft, bur...
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