What We Defend
Assault offences are common in Pembroke and throughout Ontario. An individual is guilty of simple assault under section 266 of the Criminal Code if they apply unwanted physical force to another individual. Where injuries result from the assault, the accused may be charged with assault causing bodily harm or aggravated assault. Where a weapon is involved, an accused may be charged with assault with a weapon. The penalties for those convicted of an assault offence can differ significantly from one case to the next. In the most minor cases, accused individuals may be offered a peace bond or discharge. In the most serious cases, an accused may face significant time in prison upon conviction.
Child luring is considered a serious sexual offence and those who are convicted face lengthy periods of incarceration and be forced to register as a sex offender. Donich Law has experience defending those who have been charged with child luring after communicating with minors over the internet for the purpose of facilitating a sexual offence. We also have experience defending those who communicated with an undercover law enforcement agent posing as a minor. In either case, child luring charges can be difficult to defend and often become highly litigious. Donich Law combines risk management and litigation to achieve favourable results for individuals charged with child luring in Pembroke and throughout Ontario.
Child pornography offences have become more and more common with increased accessibility through the internet. Donich Law has experience defending those charged with possession, making, accessing, and distributing child pornography. Child pornography charges can be difficult to defend and often become highly litigious. In many cases, there are be multiple law enforcement agencies involved, spanning multiple jurisdictions. Donich Law has been involved in investigations launched by the FBI, the National Child Exploitation Coordination Centre (NCECC) and the National Centre for Missing and Exploited Children. Donich Law also regularly conducts in-house computer forensics on devices seized by police that are alleged to hold child pornography material.
In many parts of Ontario, domestic violence is a serious public safety issue. Domestic assault charges are of the most common before the courts in Pembroke and across Ontario. In many cases, domestic assault charges are prosecuted more vigorously than simple assault charges. The fact that an assault occurred in the context of a domestic relationship will be viewed by the courts as an aggravating factor. This may also lead to harsher penalties upon conviction. Donich Law has devoted a portion of its practice to defending those charged with domestic assault in Pembroke and throughout Ontario
Fraud offences are grouped into two categories: fraud over $5,000 and fraud under $5,000 depending on the value of the fraudulent activity. Fraud offences are quite serious and those who are convicted may face lengthy periods of incarceration. Donich Law has experience defending those charged with fraud over $5,000, fraud under $5,000, uttering forged documents and falsifying employment records. We combine risk management and litigation to ensure our clients receive the best outcome.
Impaired driving and over 80 are among the most common offences committed by Canadians. Impaired driving has become a serious public safety risk in many jurisdictions throughout the country which has led to increased penalties for those who are convicted. Impaired driving and over 80 offences are difficult to defend as Breathalyzer evidence gathered by law enforcement officials can be difficult to refute. Those who are convicted of a first offence will face mandatory fines and driving prohibitions. Those who are convicted of a second or subsequent offence will face mandatory incarceration.
Both indecent act and indecent exposure are considered sexual offences in Canada. This means that if an individual is convicted of either crime they may be ordered to register as a sex offender under the Sex Offender Information Registration Act (SOIRA). If you have been charged with indecent act or indecent exposure in Pembroke it is important to contact experienced legal counsel. Donich Law has devoted a portion of its practice to defending sexually based offences. We regularly obtain favourable results for our clients through a combination of risk management and litigation.
The Criminal Code outlines various mischief offences including mischief under $5,000, mischief over $5,000, mischief relating to computer data, mischief relating to religious property, educational instruments, etc., mischief in relation to war memorials and mischief in relation to cultural property. When determining the appropriate sentence for an accused who has been found guilty of mischief, the Court will consider the value of the damage caused by the accused as well as the importance of the item(s) or property destroyed.
Sexual assault is among the most serious offences an individual can be charged with in Canada. Sexual assault cases are prosecuted vigorously by the Crown and those who are convicted face steep penalties. Donich Law has devoted a portion of its practice to defending those charged with sexual assault. Sexual assault cases can become highly litigious matters. As a result, it is important to have experienced legal counsel on your side when facing such charges.
An individual is guilty of sexual interference if they engage in sexual activity of any kind with an individual under the age of consent. In Canada, the age of consent is sixteen. This means that an individual under the age of sixteen cannot legally consent to sexual contact of any kind with a person over the age of eighteen. Sexual interference is a very serious offence. In a 2019 decision, the Supreme Court of Canada stated that the appropriate sentence for an individual convicted of sexual interference (or similar offences) is an upper single digit prison term.
Theft is among the most common offences committed in Canada. Theft offences are grouped into two categories based on the value of the items taken. Those who steal items valued at more than $5,000 will be charged with theft over $5,000 and those who steal items valued at less than $5,000 will be charged with theft under $5,000. In more minor cases, the Court may be willing to offer a Diversion Program through which the accused can take responsibility for their actions without having a conviction on their criminal record. Donich Law regularly negotiates with Crown counsel to obtain favourable results for our clients who have been charged with both theft over $5,000 and theft under $5,000.
An individual commits the offence of voyeurism when they surreptitiously observe or record another individual in circumstances that would give rise to a reasonable expectation of privacy. For example, an individual caught peeping into the room of another individual without consent would be guilty of voyeurism. The invention of smart phones has made voyeurism offences even easier to commit. Donich Law has experience defending those charged with voyeurism including individuals caught using their smart devices to secretly record other individuals in private situations.