How Does a Criminal Code Charge Get Beat?
There Are Many Legal Strategies For Fighting Against a Criminal Charge. Strategies May Include Diminishing Credibility of Witnesses For the Prosecution and Thereby Raising a Reasonable Doubt, Among Other Means..
Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt
When a person is charged, and thereby accused of violating the Criminal Code, R.S.C. 1985, c. C-46, such an experience will obviously cause great stress and concern in handling the legal process as well as worry for the possibility of penalties ranging from significant fines, the potential for jail time, and the future effects upon job opportunities, and much more.
The Criminal Law
The Criminal Code of Canada is a federally legislated statute that prescribes hundreds of sections that establish the criminality upon certain forms of behaviour. 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 conviction 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.
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
Does An Eyewitness Identification Always Hold Up In Court? When It Is Shown That There Is a Possibility That the Accused Person Is Other Than the Person Who...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
Is a Person Allowed to Plead Guilty Even If the Person Denies Being Guilty? Public Respect For the Justice System Requires That Only Persons Who Genuinely...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
A charge of theft is a serious concerns with potential penalties of two (2) years for a theft under $5,000 charge and ten (10) years for a theft over $5,000...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