What We Defend
An individual is guilty of assault when they apply force, either directly or indirectly, to another person without that person’s consent. Assault charges are very common in Kitchener and across Ontario. In addition to simple assault, an individual may be charged with assault with a weapon if the accused used or threatened to use a weapon or imitation weapon in the commission of the assault. An individual may be charged with assault causing bodily harm where they cause physical injury, choke, strangle or suffocate the complainant. An individual may be charged with aggravated assault where they main, disfigure, wound or endanger the life of the complainant in the commission of an assault.
An individual is guilty of the offence of child luring when they use an electronic device or telecommunications device to communicate with a person under the age of 16 for the purpose of facilitating the commission of an enumerated sexual offence. Examples of some of the enumerated offences listed include; sexual interference, sexual assault, making and possessing child pornography and invitation to sexual touching.
An individual is guilty of possessing child pornography when they possess materials deemed to be child pornography. This may include photographic, video, film, audio, visual representations or other written materials that depict an individual under the age of consent engaging in sexual activity with an adult, or that tends to encourage, counsel or advocate for an individual under the age of consent to engage in sexual activity with an adult. An individual is guilty of making child pornography when they copy, make, publish, print or possess for the purpose of publication any materials deemed to be child pornography.
In Canada, there is no separate offence for domestic assault in the Criminal Code. Instead, an individual who assaults their domestic partner will be charged with simple assault under section 266 of the Criminal Code. The Code states that an individual commits an assault when they apply force to another person, either directly or indirectly, without that person’s consent. The Crown and the Court will view the fact that an assault occurred in a domestic relationship as an aggravating factor. Domestic assaults are generally prosecuted more aggressively than other simple assaults and offenders may be sentenced more harshly upon conviction.
An individual has committed the offence of fraud when they use deceit, falsehood or some other fraudulent means to defraud another person or the public of money, goods, services, security, property or belongings. Fraud offences are divided into two categories depending on the value of the fraud. Those who defraud an amount not exceeding $5,000 will face a fraud under $5,000 charge. Those who defraud an amount in excess of $5,000 will face a fraud over $5,000 charge.
An individual can be charged with three different offences related to driving under the influence. These offences include; over 80, impaired driving and refusal to comply. An individual is guilty of over 80 when they are found to have been operating, or in the care and control of a motor vehicle while their blood alcohol content is more than 80 milligrams of alcohol per 100 millilitres of blood. An individual is guilty of impaired driving when they have been operating, or in the care and control of a motor vehicle while their ability to operate the vehicle is impaired by drugs or alcohol or both. Finally, an individual is guilty of refusal to comply when they refuse to comply with an officer’s valid demand for a breath sample.
An individual is guilty of indecent act when they commit an indecent act in public, in the presence or another person or multiple people, or in any other location with the intent to offend other individuals. An individual is guilty of indecent exposure when they expose their genitals, for a sexual purpose, to a person under the age of sixteen. The accused does not have to be in the physical presence of the minor at the time of the exposure to be guilty of this offence.
An individual is guilty of mischief in relation to property when they willfully destroy, damage or render property inoperable, useless or ineffective, or interrupts the lawful use, enjoyment or operation of property. An individual is guilty of mischief in relation to computer data when they intentionally, alter or renders meaningless, useless or ineffective, or obstructs or interferes with the lawful use of computer data, or denies access to data to someone who is legally entitled to access it.
Sexual assault is among the most serious offences an individual may be charged with in Kitchener. An individual is guilty of sexual assault when they make physical contact with another person, either directly or indirectly, with a part of the body of an object, without the consent of the person, and the contact violates the sexual integrity of the person.
In Canada, sexual interference is essentially a sexual assault on a minor. An individual is guilty of sexual interference when they touch, for a sexual purpose, either directly or indirectly, with a part of one’s body or an object, any part of the body of a person under the age of consent. The age of consent in Canada is 16. Those under the age of 16 are legally incapable of consenting to sexual activity with an adult.
An individual is guilty of committing theft when they fraudulently and without colour of right takes or converts an item or thing, inanimate or animate, with the intent to deprive the rightful owner of it, or a person with a special property interest in it, or part with it under a condition that may not be possible to fulfill, or pledge is as a deposit or security or deal with it in such a manner that it cannot be restored to the condition it was in when it was taken. An individual who takes or converts items valued at less than $5,000 will face a theft under $5,000 charge. Those who take or convert items valued at more than $5,000 will be charged with theft over $5,000.
An individual is guilty of the offence of voyeurism when they surreptitiously observe or record another person in a location that would give rise to a reasonable expectation of privacy and where one of three circumstances exist: the person is in a place where they can reasonably be expected to be exposing their breasts, anus, genitals or be engaging in sexual activity, the person is exposing their breasts, anus, genitals or is engaging in sexual activity and the observation or recording is done for the purpose of recording an individual in such a state and finally, the recording or observation is done for a sexual purpose.