How Can a Criminal Code Charge Be Beat?
Criminal Charges May Be Defeated In Various Ways Such As Challenging the Evidence Through a Strategic Cross-Examination of Witnesses For the Prosecution So to Give Rise to Reasonable Doubt That the Person Charged Is Actually Guilty.
Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt
A prosecutions for allegedly violating the Criminal Code, R.S.C. 1985, c. C-46 can be very stressful with concerns for the various short-term impacts such as significant fines and potential for loss of freedom and liberty in the form of jail time as well as long-term impacts such as employment opportunities and even limits upon travel outside of Canada.
The Criminal Law
The Criminal Code contains hundreds of sections that prescribe criminality to various forms of conduct. The prosecution of Criminal Code matters may vary in the method of procedures involved depending on the severity of the alleged offence. The most severe offences, known as indictable offences, involve the most formal procedures. The less severe offences, known as summary offences, provide for a leaner and more efficient process. Additionally, some offences, known as hybrid offences, are selectable as either indictable proceedings or summary proceedings at the option of the prosecutor acting for the Crown.
Lawyers are permitted to provide representation in any type of Criminal Code matter. Paralegals are permitted to provide representation in most summary proceeding matters. For certain hybrid offences, paralegals may also provide representation after the Crown selects to proceed with prosecution in the form of a summary proceeding matter.
Selecting the defence strategy that is best suited to fight your criminal charge depends upon, among other things, the type of charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from likely witnesses. Of course, regardless of the type of charge, all defence strategies ultimately aim at impairing the ability of the prosecutor to prove all elements of the charge beyond a reasonable doubt.
Learn More About
Fighting Criminal Charges
Circumstantial evidence may be interpreted in ways that infer a person is guilty or infer that a person is without guilt depending on reasonably plausible...Learn More
Reasonable doubt involves doubts that are reasonable and therefore when presenting theories that show innocence or an alternative to guilty, inferences must be...Learn More
A person who aids or abets or incites or encourages or assists, another person in committing a crime may be charged and found just as culpable as another...Learn More
The charge of assault, as a violation of section 265 of the Criminal Code may be prosecuted as an indictable offence or a summary conviction offence per the...Learn More
The de minimus non curat lex doctrine remains applicable to criminal law matters; accordingly, courts may disregard technically criminal conduct where social...Learn More
The charge of criminal harassment per section 264 of the Criminal Code is a serious charge with a potential penalty of ten (10) years imprisonment.Learn More
Is It Possible to Fight a Charge By Showing That An Eyewitness Identifying the Accused May Be Wrong? Despite Common Belief That An Eyewitness Identification...Learn More
The doctrine of abuse of process may be used to obtain a Stay of Proceedings where government personnel engage in misconduct that is unfair or would bring...Learn More
A charge of fraud per section 380 of the Criminal Code may be prosecuted as an indictable offence or a summary conviction offence depending on the specific...Learn More
The conduct of publishing, distributing, selling, or otherwise disseminating the private intimate image of another person without consent violates section...Learn More
The peace bond process within section 810 of the Criminal Code of Canada may enable a person reasonably fearful of another person to obtain a court Order to...Learn More
For a conviction on the charge of theft contrary to section 322 of the Criminal Code the Crown prosecutor is required to prove that the stolen property was in...Learn More
How Can a Theft Charge Be Defended? A Theft Over $5,000 Charge Involves Penalties of Up to Ten (10) Years In Jail. A Theft Under $5,000 Charge Involves...Learn More
What constitutes as a threatening statement or utterance requires an objective and unbiased viewpoint to reasonably review the context and nature of the...Learn More