Hamilton Criminal Lawyers Hamilton Ontario

Aggravated Assault involves wounding, maiming, disfiguring, or endangering life without consent. As a serious indictable offence, it can lead to severe penalties, including up to 14 years in prison, with no option for discharge.

Sexual Assault is any assault of a sexual nature and is a serious criminal offence in Canada. Aggravated Sexual Assault involves wounding, maiming, disfiguring, or endangering life during the assault. Penalties can include life imprisonment, reflecting its severity.

There are numerous ways an individual can commit arson under the Criminal Code, and the penalties can be severe. Depending on level of damage and injury caused, one can face a maximum punishment of life imprisonment.

Learn about the legal definitions, elements, and penalties for Aggravated Assault, Assault Causing Bodily Harm, and other related offences in Toronto. Understand your rights and the potential consequences under Canadian law.

Uttering Threats under Section 264.1 of the Criminal Code involves knowingly threatening a person, their property, or pets. It is a hybrid offence with penalties up to 5 years in prison if proceeded by indictment, depending on the nature of the threats.

Assault Causing Bodily Harm is an offence where a person causes injuries to another without consent. It requires proof that the violence contributed to the harm. This hybrid offence can result in severe penalties, including up to 10 years in prison if indicted

Assault with a weapon is a more serious charge than “simple assault”, but is a very broadly defined type of offence. A person can be charged with assault with a weapon even if they did not actually strike the other person. Depending on the context in which it is used, any item can be considered a “weapon”.

Assaulting a peace officer involves violence against law enforcement while they perform their duties. Defined under Section 270 of the Criminal Code, this hybrid offence can lead to severe penalties, especially if proceeded by indictment.

The first step after a person is charged with any offence is determining how they will be released pending the outcome of their case. People who have criminal records or are facing serious charges are often held for a bail hearing.

If a person is denied bail, they may bring a Bail Review. Bail Reviews require a review of the bail hearing proceedings and the legal and factual issues involved at the bail hearing. They require the preparation of specific materials that must be filed with the reviewing Court.

Failure to abide by the terms of your probation order can result in new, additional criminal charges. The penalties you can face for a breach of probation charge may be more serious than the original sentence you were serving.

Breaking and entering is a very serious offence that has the potential to result in a maximum sentence of life imprisonment. “Home invasions” are a more serious category to this type of charge. A person can be charged with break & entering even if no items are stolen.

Careless Driving is a quasi-criminal offence prosecuted under the Highway Traffic Act. What is considered careless driving is extremely broad, and the penalties can include fines, jail time, a driving suspension, the loss of demerit points, and increased insurance rates.

Under Canadian laws, everyone is granted specific fundamental rights under The Charter of Rights and Freedoms. If applicable to the case, potential Charter violations could result in the exclusion of important evidence or a stay of proceedings.

Being accused of a child pornography offence can be both shocking and terrifying. Defendants with experienced criminal defence counsel, like those at Caramanna Friedberg, are best situated to control their legal jeopardy and limit the damage to their reputation.

Commodification of Sexual Activity, under Section 286.1 of the Criminal Code, involves obtaining or negotiating sexual services for payment. It is a hybrid offence, with severe penalties if involving minors, including up to 10 years in prison and a minimum of 6 months if the person is under 18.

It only takes agreement between two people to form a conspiracy, and police can charge you for one even if you never took any other steps to commit the alleged offence. It is important to have legal assistance and representation when facing a conspiracy charge, not just because of the relatively low evidentiary threshold the prosecution needs to meet in a conspiracy case, but also because conspiracy cases often involve complex and nuanced exceptions to normal evidentiary rules that can easily trip-up those unfamiliar with criminal law.

A Coroner’s Inquest is a public hearing that investigates the who, what, when, where and how of a person’s death. Depending on the circumstances of the person’s death, sometimes a Coroner’s inquest is mandatory.

Because corporations can be found criminally liable for the actions of even relatively low-level employees, criminal and quasi-criminal liability is a significant legal and reputational risk for corporate entities. Getting the legal advice necessary to engage in active due diligence can help reduce this risk to a manageable level and ensure you have legal defences ready if employees go

There are a myriad of reasons why a judicial decision requires the appellate review. It is open to both Crown and Defence to appeal a judge’s decision regarding the accused’s conviction and/or sentence.

The type of behaviour that falls under the offence of Criminal Harassment ranges from repeated texts all the way to stalking or threatening. The potential penalties vary depending on the factual matrix and how aggravating the conduct was.

Criminal interest rate, defined in Section 347 of the Criminal Code, involves charging or receiving interest exceeding sixty percent annually. As a hybrid offence, it can result in severe penalties, depending on whether the Crown proceeds by indictment or summary conviction.

Criminal negligence causing bodily harm, defined under Section 219 of the Criminal Code, involves showing a reckless disregard for the safety of others, resulting in physical injury. It is a serious offence with significant legal consequences

A dangerous offender application by prosecutors can lead to the permanent loss of a defendant’s liberty. Defending against such an application requires both careful planning and the experience to navigate complex law and factual circumstances.

Dangerous Operation of a Motor Vehicle can result in serious jail time and mandatory minimum fines depending on whether how the Crown elects to prosecute. What is considered “dangerous” driving behaviour involves an assessment of many factors.

Dangerous operation of a motor vehicle involves driving in a manner dangerous to the public. If it causes bodily harm or death, charges escalate under Sections 320.13(2) and 320.13(3) of the Criminal Code. It is a hybrid offence with serious penalties.

Charges involving a “domestic” relationship are sometimes more complex and are often dealt with differently in the criminal Courts than an assault against a stranger or a bar fight, for example.

Driving while prohibited from doing so can attract charges under both the Criminal Code and the Highway Traffic Act. Regardless of the legislation, one is charged under, the penalties may include fines, jail time, driving prohibition orders, and insurance implications.

Drug-related offences are among some of the more serious charges prosecuted in Canada and more often than not, involve Charter litigation of some sort. Possession, trafficking, production and importing are all types of drug offences that can come with serious long term consequences if convicted.

Environmental litigation involves legal disputes related to environmental harm, such as contamination of land or personal injuries from substances like asbestos or mold. Howard, recognized as a specialist in environmental law, has extensive experience representing both plaintiffs and defendants in these cases. His expertise spans not only environmental liability but also insurance coverage aspects, having acted for and against insurers. With deep knowledge of civil liability and having co-authored a key text on the subject, Howard brings a wealth of experience to complex environmental claims.

Environmental laws seeking to prevent pollution and protect resources place a very strict and heavy onus on both individuals and businesses to comply with certain standards. Violations for these regulatory types of charges can result in very hefty fines and occasionally, jail time upon conviction.

If a person is alleged to have committed a crime in another country, extradition laws may demand that the person be “delivered” by Canada to that country to face the charges. Extradition hearings and appeals are a critical part of that process.

Failing to remain or stop at the scene of an accident can result in charges under both the Criminal Code and the Highway Traffic Act. While the potential penalties can be serious, including mandatory minimum fines and/or jail time, there are various defences available which relate to the personal circumstances and knowledge of the accused.

When a person is charged with an offence, part of the arrest procedure involves the police taking your fingerprints and photographs. If you are found not guilty or your charges are withdrawn, or you receive a non-conviction result, you can apply to have your fingerprints and photographs taken upon arrest destroyed, sometimes after a specific period of time.

Using a firearm in the commission of an offence, pointing a firearm, and tampering with a firearm's serial number are serious offences under Sections 85, 87, and 108 of the Criminal Code. These offences can result in significant penalties, including up to 14 years in prison.

Fraud encompasses a very broad spectrum of criminal activity under Canadian criminal law and can carry severe penalties, depending on the type of fraud and level of sophistication alleged. Findings of guilt for these types of offences also have serious implications on a person’s future including employment.

The Highway Traffic Act are regulatory offences that can come with severe penalties such as hefty fines or even jail time. Convictions for most of these offences will often also effect a person’s vehicle insurance and ability to drive.

Human trafficking offences are very serious charges that relate to recruiting or controlling the movement of people for explorative purposes. These charges are most commonly seen alongside (relatively) less-serious charges around the commodification of sexual services in relation to conduct colloquially known as “pimping.”

The offence of Identity Theft targets certain conduct taken to prepare for various offences involving fraud, deceit, or falsehood. If police, rightly or wrongly, think you are collecting certain information for that criminal purpose you can be charged with Identity Theft without ever committing, or even attempting, any other crime.

Offences under the Immigration and Refugee Protection Act can have very serious consequences.

Impaired driving offences in Ontario are a criminal category of driving offences that are very strictly prosecuted and are subject to mandatory minimum penalties. These offences can involve more than what people think of as “drunk driving”.

Importing is one of the most serious category of offences under Canadian criminal and regulatory laws. Importing drugs is a common category of this offence. However, a person can also be charged with other “contraband” substances or items without appropriate licences and compliance with Canadian importing regulations.

Incest, defined under Section 155 of the Criminal Code, involves sexual intercourse with a blood relative, with knowledge of the relationship. It is a straight indictable offence with a maximum penalty of 14 years and a minimum of 5 years if the other person is under 16.

The widespread use of the internet in our society has expanded the types of offences people can face under this category. From “cyber-bullying” to criminal harassment to possession or transmission of child pornography, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.

Invitation to sexual touching, under Section 152 of the Criminal Code, involves inviting or inciting a minor under 16 to touch for sexual purposes. This hybrid offence can result in severe penalties, depending on whether the Crown proceeds by indictment or summary conviction.

A driver’s licence suspension can have a devastating impact on people’s lives. Whether facing criminal charges are not, there are various reasons why one’s licence may be suspended, and the length of the suspension will depend on a number of factors.

Mischief encompasses a broad spectrum of activity under the Criminal Code, and the penalties vary significantly depending on the type of mischief and the complexity of the matter.

Mischief in relation to computer data, under Section 430(1.1) of the Criminal Code, involves damaging, obstructing, or interfering with computer data. This offence can be a hybrid or indictable offence, with penalties varying up to life imprisonment if it causes danger to life.

Murder is the most serious crime a person can be charged with in this country. The amount of proof regarding the “planning” and “deliberation” of the murder is a key consideration for whether a person will be charged with first degree, second degree or manslaughter.

The criminal justice system takes charges of Obstruction of Justice and Obstruction of Police very seriously. It is important to obtain legal representation that takes your case just as seriously, and has the expertise to navigate the nuances of these broadly constructed prohibitions

If a person has been found guilty of any criminal offence, they may be eligible to apply for what is now called a Record Suspension after a certain period of time. The types of charges, the sentences the person received and the dates they were sentenced are all key factors in determining whether a person would qualify or not.

Parole Hearings are unique proceedings at the post-conviction stage. There are numerous federal statues, including the Corrections and Conditional Release Act, that guide the Parole Board of Canada when it comes to assessing parole eligibility.

A peace bond is a court order issued by a judge. It is an agreement entered into whereby a person promises to keep the peace and be of good behaviour, in addition to other potential conditions, for a specific period of time. A peace bond does not require an individual to plead guilty or admit fault. You can either enter into a peace bond as an accused, or apply to obtain a peace bond against someone else.

The law defines possession very broadly based on “knowledge, consent and control”. That is why a person can be charged with possession of illicit drugs or a weapon for simply being in the same place where the item was found.

Possession of Stolen Property, as defined under Section 354 of the Criminal Code, involves possessing items known or suspected to be stolen. This hybrid offence can lead to severe penalties, depending on whether the Crown proceeds by indictment or summary conviction.

Possession of a weapon for dangerous purposes, carrying a concealed weapon, and unauthorized firearm possession, under Sections 88, 90, 92, and 95 of the Criminal Code, are serious offences. These hybrid and indictable offences carry penalties up to 14 years in prison, depending on the charge and election.

Regardless of how large or small the quantity of drugs, you can face jail time and other penalties for growing marijuana or producing other controlled substances. The severity of the punishment will depend on many factors, including the Accused prior history, the type of drug and the amount of drugs involved.

Doctors, nurses, teachers and lawyers are a few examples of professionals who are governed by regulatory bodies that impose rules and bylaws that must be followed by their profession. Any rule-breaking can result in the person facing disciplinary sanctions that could impact whether or not they are allowed to continue working in that field.

Professional negligence occurs when a professional fails to meet the expected standard of care, resulting in harm or loss. This can lead to legal claims or disciplinary actions. Our firm represents clients in both defending and pursuing professional negligence cases.

Doctors, nurses, teachers and lawyers are a few examples of professionals who are governed by regulatory bodies that impose rules and bylaws that must be followed by their profession. Any rule-breaking can result in the person facing disciplinary sanctions that could impact whether or not they are allowed to continue working in that field.

Breaching a prohibition order under Section 117.01 of the Criminal Code involves possessing a firearm or weapon despite being prohibited by an order. As a hybrid offence, it can lead to significant penalties, with a maximum of 10 years in prison if proceeded by indictment.

There are many federal and provincial laws in addition to the criminal offences under the Criminal Code and Controlled Substances Act that result in penalties that can be as severe as the ones found in criminal law. Convictions for these “quasi-criminal” offences can include hefty fines and even jail time.

Robbery often involves the use or threat of force while stealing or attempting to steal property. For example, a person can be charged with robbery for demanding another person’s phone or wallet, even if there is no weapon involved.

Sexual assault and other sex-related offences are among the most serious criminal charges a person can face. If convicted, these charges have serious penalties that include the potential for stigmatization and jeopardizing future job prospects.

Sexual exploitation, defined under Section 153 of the Criminal Code, involves sexual activity by a person in authority with a young person, even with apparent consent. As a hybrid offence, it can result in significant penalties depending on how the Crown proceeds.

Sexual interference, defined under Section 151 of the Criminal Code, involves touching a child with the intent of sexual interaction. This hybrid offence can lead to serious penalties, with the severity depending on whether the Crown proceeds by indictment or summary conviction.

Shoplifting, defined under Section 322 of the Criminal Code, involves stealing items from a merchant. It is a hybrid offence categorized as Theft Under or Over $5,000, with potential penalties ranging from fines to up to 10 years in prison, depending on the item's value and how the Crown proceeds.

Tax evasion and falsifying or filing misleading information in tax returns can result in criminal or quasi-criminal charges with severe penalties including hefty fines and sometimes even jail time. This is a complex category of offences involving overlapping areas of law and multiple statutes.

Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shop-lifting type of charge to large-scale “white-collar” fraud schemes, a conviction for theft can have serious long-term consequences for a person found guilty of this offence.

Theft over $5000, defined under Section 322 of the Criminal Code, involves unlawfully taking property valued over $5000. This is a straight indictable offence with severe consequences, including a maximum penalty of ten years in prison.

Theft under $5000, as defined in Section 322 of the Criminal Code, involves unlawfully taking property valued below $5000. It is a hybrid offence, meaning the Crown can proceed by indictment or summary conviction, affecting the severity of the penalties.

Drug Trafficking cases should be taken very seriously. In addition to imprisonment, a conviction for this offence can have significant consequences on one’s life and liberty. It is imperative to have an experienced defence lawyer to represent you if you are charged.

Weapons trafficking, making automatic firearms, and unauthorized import/export are serious offences under Sections 99, 102, and 103 of the Criminal Code. These crimes carry penalties ranging from 1 year to 14 years in prison, depending on the offence and whether the Crown proceeds by indictment or summary conviction.

There are numerous ways to commit the offence of uttering threats, and the potential punishment will depend on how the threat was made and any collateral consequences to the threat. An assessment of whether something amounts to a “threat” is highly contextual.

Voyeurism is the offence of secretly watching or recording someone in certain private circumstances or for a sexual purpose. It is also illegal to share voyeuristic recordings or possess them for the purpose of sharing them. Voyeurism captures a wide array of conduct and the defences available to it are legally and factually nuanced.

Weapons-related offences are also among some of the more serious charges prosecuted in Canada. The specific use of any item, depending on the context, can lead to allegations involving “weapons”.

The Canadian criminal justice system allows youth to be treated differently from adults in most situations when they are charged with a criminal offence. If a person is between the ages of 12 and 17 and are charged with a criminal offence, the prosecution of the case must follow the Youth Criminal Justice Act.