What We Defend
Assault is among the most common offences before the court in Windsor and across Ontario. Individuals may be charged with assault for engaging in a wide variety of behaviour. On one end of the spectrum, an individual may be charged with assault for violently applying force to another individual without consent. On the other end of the spectrum and individual may be charged with assault for attempting or threatening to assault another individual.
In Windsor and throughout Ontario it is common for undercover police officers to pose as underage individuals online in an attempt to catch alleged child predators. In many cases, those who are arrested later discover they were speaking with a police officer rather than an underage person. An accused in this situation will still be guilty of the offence as long as they genuinely believed the individual they were speaking to was a minor at the time. Child luring is a very serious offence and those convicted in Windsor may face serious penalties including mandatory minimum jail sentences.
Child pornography offences have become more and more common with increased access as a result of the expansion of the internet. Child pornography offences can be particularly difficult to defend due to the paper trail that is often created when individuals look at or share child pornography material online. In many cases, an individual charged with child pornography will be on the radar of multiple international police agencies or other crime fighting organizations.
Domestic assault has become a serious public safety concern in many parts of Ontario and across the country. As a result, Crown counsel in Windsor have developed special policies for prosecuting individuals charged with domestic violence offence. Those convicted are often sentenced more harshly than those convicted of similar assault offences occurring outside of a domestic relationship. Those convicted of domestic assault in Windsor may be ordered to complete counselling, probation, to pay a fine or restitution, or be sentenced to a period of incarceration.
An individual commits fraud when they use dishonesty or deceit for the purposes of unjust enrichment. An individual may defraud another individual, the public or an organization. The definition of fraud provided in the Criminal Code is extremely broad so as to encompass a wide array of activity. Each fraud case is unique and as a result a unique defence must be formulated for each. If you have been charged with a fraud offence in Windsor it is important to consult with legal counsel to ensure your rights are protected.
Impaired driving offences have become such a public safety hazard in Windsor and throughout Canada that the government has introduced mandatory minimum penalties, including jail, for those convicted of an impaired driving, over 80, or refusal offence. Impaired driving offences can be very difficult to defend due to the technical nature of the evidence. Those convicted of even a first offence can expect to face significant fines and lengthy driving prohibitions.
An individual commits an indecent act when they do something indecent in the presence of other people with the intent to offend. The court will decide on a case-by-case basis whether an act is considered indecent in the circumstances. An indecent act does not always have to be a sexual act. For example, an individual may be charged for urinating in public. Indecent exposure always involves a sexual act. An individual is guilty of the offence when they expose their genitals to a person under the age of consent, for a sexual purpose.
Mischief encompasses a wide array of behaviour including destroying or interfering with another individual’s property or public property. For example, an individual who causes damage to public property will be guilty of mischief. Mischief offences are among the most common offences before the court in Windsor. These offences may occur in a wide variety of circumstances including in domestic situations. The penalties for a mischief conviction range significantly based on the value of the damage caused and the type of property damaged.
An individual is guilty of sexual assault when they make physical contact with another person without consent and that contact violates the sexual integrity of the other individual. Sexual assault is a broadly worded offence and encompasses a wide array of behaviour. Those convicted of sexual assault in Windsor will be placed on a sexual offender registry for a minimum of ten years and in many cases will face a period of incarceration.
An individual commits sexual interference when they have sexual contact of any kind with an individual under the age of consent. Sexual interference is one of the most serious offences outlined in the Code which is reflected in the sentences imposed on those who are convicted. Recent decisions from the Supreme Court indicate that the average penalty for sexual interference should be between 7-12 years imprisonment.
Theft offences are extremely common in Windsor and throughout Ontario. An individual commits theft when they take an item, money or securities to which they have no legal right. The penalties associated with a theft conviction can range significantly from one offender to the next depending on the nature of the accusations and the value of the items or money taken.
An individual is guilty of voyeurism when they secretly or surreptitiously record or observe another individual without consent in circumstances that would give rise to a reasonable expectation of privacy. Voyeurism is considered a sexual offence and those convicted may be placed on a sex offender registry for a minimum of ten years. If you have been accused of voyeurism in Windsor it is important to contact legal counsel to ensure your rights are protected.