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Showing posts from January, 2023

Copy of Article - Types of Sexual Assault Charges

Sexual assault charges are taken seriously and severely punished in Canada. A sexual assault charge will alter your life and thus requires a strong criminal defence lawyer to avoid jail time. There are several types of sexual assault charges ranging from simple sexual assault to aggravated sexual assault, each with varying punishments that are important to understand. What Is Sexual Assault According to the Canadian Criminal Code? Sexual assault is defined by section 271 of the Criminal Code . Sexual assault is understood as any unwanted sexual act or touching. Sexual assault occurs when there is no consent from the other person. Importantly, a sexual assault charge can occur without physical touch if there is a threat of force. Common Elements of a Sexual Assault Charge There are many common elements that are considered when dealing with an assault charge in Canada. These include: Facts pointing to the compromising of the victim’s sexual integrity in any way The age of the part...

Different Types of Assault Charges & Their Penalties In Canada

In Canada, there are several types of assault charges that vary in factors leading to the charge. The assault does not need to be intentional, it can also be provoked.  An assault charge conviction can lead to very severe penalties depending on the type of assault. Any sort of violent act is taken very seriously by the courts and therefore requires an experienced assault lawyer. What Is The Definition of an Assault Charge? Under the Criminal Code , assault is defined in section 265(1).  Assault is committed when a person (a) applies force intentionally without the consent of the other person, either directly or indirectly, (b) attempts or threatens to apply force to another person by act or by gesture or causes the other person to believe that they have the present ability to effect their purpose, or (c) accosts or impedes another person or begs while openly wearing or carrying a weapon or imitation of a weapon. The definition under the Criminal Code implies that there does...

Defences to Impaired Driving Charges In Canada

Under section 320.14(1) of the Criminal Code of Canada , everyone commits an offence who operates a conveyance while being impaired by alcohol or drugs. A conveyance includes cars, vessels, aircraft and even railway equipment. You are considered to be impaired by alcohol when your blood alcohol concentration is .08 percent or higher, and it is an offence to be at or over a prohibited blood drug concentration for certain impairing drugs, including THC (at or higher than two nanograms of THC/ml of blood). The Canadian Department of Justice has reported that impaired driving is the leading criminal cause of death and injury in Canada. Consequently, charges of impaired driving are treated very seriously. Penalties for an impaired driving offence can range from a fine to life imprisonment, depending on the severity of the offence. However, each case is evaluated on its own facts, and there may be defences or factors which help to mitigate the charges and any potential penalties. If you ar...

How to Defend Domestic Assault Charges in Canada

If you are facing a domestic assault charge, you will need an experienced and strategic domestic assault lawyer. At Pyzer Criminal Lawyers, we have a team of experienced assault charge lawyers ready to defend you. There are several defences available to defend an assault charge. These include: False Accusation Lying Victim Self-Defence or Defence of Family Member Accidental Procedural or Investigative Errors What is Domestic Assault? Domestic assault is not officially included in the Criminal Code of Canada . Instead, any offence, such as assault, in a domestic setting, such as a household, is considered a domestic offence. As such, it is not limited to intimate partners and does not require the victim to live at the same address as the offender. Usually, domestic assault charges arise when violence occurs against an accused’s spouse, intimate partner, child, or family member. It can arise from a variety of violent acts including stabbing, kicking, punching, stalking, threat...