If you’ve been charged with a criminal offence, it’s important to know the law and your rights. Anyone who tries to talk himself out of trouble will, almost always, talk himself into deeper trouble. That’s where the valuable assistance of a criminal lawyer, one with deep knowledge of the Criminal Code of Canada in particular, can save you from the devastating consequences of a criminal conviction. This is a brief overview of a few of the different crimes defined under the Criminal Code of Canada, in ascending order of seriousness.
Theft Under and Over $5,000
In a general sense, theft is when one:
- takes or converts property owned by another person without their permission or acknowledgment, and
- knows that the property belongs to someone else; i.e. the charged is deliberately depriving the owner of the property.
For a person to be found guilty of theft, both parts of the offence must be proven by the Crown Prosecutor in Court.
Theft charges are placed in one of two categories, based on the monetary value of the stolen property:
- Theft Under $5,000 (Section 334(b) of the Criminal Code)
- Theft Over $5,000 (Section 334(a) of the Criminal Code)
Even something as minor as shoplifting can be charged as a theft offence in either category, under some conditions: one being that the property is significantly valuable.
Of course, for theft of property worth over $5,000, the charge is more serious.
Dangerous Driving and Over 80
The fairness of a dangerous driving charge can be questioned, particularly if the officer who observed your driving didn’t have fair and objective judgment. An experienced criminal lawyer who regularly defends driving-related cases – from Over 80 and Dangerous Driving to Drinking & Driving – will be able to provide you with an opinion on whether or not your Charter rights have been violated by the police during the course of their investigation.
Refusal or Failure to Provide a Breath Sample
When one fails to to comply with a breath or blood sample request without reasonable excuse, they are charged accordingly, as defined in Section 245(5) of the Criminal Code. A person convicted of refusing to provide a breath sample may also be convicted of driving while impaired.
Assault
Assault is a very serious crime. Dedicated -with a great deal of experience in assault-related charges could save you from deep-seated worry and uncertainty about your future.
Since assault is such a serious offence, there are various things that can constitute an Assault charge, and some particulars are often misunderstood. That’s why a dedicated criminal lawyer is a must-have when dealing with an assault charge.
Simply put, as per Section 265(1) of the Code, Assault means:
- Paragraph (a): intentionally applying direct or indirect force to another person without their consent;
- Paragraph (b): threatening to do so; or
- Paragraph (c):”accosting or impeding another person or begging” while carrying/wearing a weapon or imitation weapon.
Some Last Things to Note About Criminal Offences
Any time you are charged with a criminal offence, the police are not there to assist you. When given the opportunity, police will seize as much property as possible, saying it will provide evidence of the offence. That’s why you must not wait for a knock on the door by the police before you hire a qualified criminal attorney; it’s a bare necessity to choose one early on.