Assault/Threats

Assault

Assault is an offence under Section 266 of the Criminal Code of Canada that involves the intentional application of force or the threat of force against another person, without their consent. The offence of assault can include physical acts of violence, as well as the threat of violence.

There are three different types of assault:

  1. Simple assault (Section 266): This occurs when one person intentionally applies force to another person, directly or indirectly, without that person’s consent. It also includes attempted assault.
  2. Assault with a Weapon or Assault Causing Bodily Harm (Section 267): This occurs when a person uses a weapon or an object that could be considered a weapon, to cause harm to another person, directly or indirectly or when a person commits an assault that causes bodily harm to the complainant. This type of assault carries more severe penalties than simple assault.
  3. Aggravated assault (Section 268): This is the most serious type of assault and involves causing serious bodily harm, wounding, maiming, disfigurement, or endangerment to the life of the victim.

 Domestic Assault

The Criminal Code of Canada also recognizes the concept of “Domestic Assault”, which refers to an
assault committed by a person against a spouse, partner or family member.

Being charged with a Domestic Assault, or intimate partner violence, poses unique challenges as those charged will face additional bail restrictions preventing contact with a person’s domestic partner or family. If you are found guilty of a Domestic Assault, there may also be increased consequences or probation restrictions.

If you or someone you care about has been charged with an assault offence, you need an experienced
lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-
679-9250 to discuss your matter with Lucas O’Hara.

Threats

Threats are considered an offence under Section 264.1(1) of the Criminal Code of Canada, and involve expressing an intention to cause bodily harm to another person or to damage their property. 

According to the Criminal Code of Canada, a person commits a threat if they: 

  1. Intentionally convey a threat to another person. 
  2. The threat is to cause death or bodily harm to any person. 
  3. The threat is to burn, destroy, or damage property. 
  4. The person making the threat intends for the other person to fear that the threat will be carried out.
  5. The person making the threat either knows that it is likely to cause the other person fear for their safety or the safety of others, or is reckless as to whether the other person will fear for their safety. 

It is important to note that the threat does not need to be carried out for the offence to be committed. The act of conveying a credible threat, along with the intention to cause fear in another person, can be sufficient to establish the offence. 

If you or someone you care about has been charged with a threat offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Criminal Harassment 

Criminal harassment, also known as “stalking,” is an offence under Section 264 of the Criminal Code of Canada. It involves repeatedly following, watching, or communicating with another person in a way that causes them to fear for their safety or the safety of others. The offence can be committed in person or through electronic communication, such as phone calls, text messages, or emails.

Under the Criminal Code of Canada, the following elements must be present for behaviour to be considered criminal harassment:

  1. The behaviour must be persistent, repeated, and unwanted.
  2. The behaviour must cause the victim to fear for their safety or the safety of others.
  3. The behaviour must be objectively threatening or cause the victim to feel harassed, intimidated, or violated.
  4. The victim must not have given consent to the behaviour.

Examples of criminal harassment include repeatedly following someone, showing up uninvited at their home or workplace, making threatening phone calls or sending threatening messages, or spreading false rumours or lies about someone.

If you or someone you care about has been charged with a criminal harassment offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Forcible Confinement  

Forcible confinement is an offence under Section 279(2) of the Criminal Code of Canada. It involves intentionally confining, imprisoning, or forcibly confining someone without their consent. The confinement can be physical, such as being locked in a room or tied up, or it can be achieved through threats, intimidation, or other forms of coercion.

Under the Criminal Code of Canada, the following elements must be present for behaviour to be considered forcible confinement:

  1. The offender must intentionally confine, imprison, or forcibly confine someone.
  2. The confinement must be done without the victim’s consent.
  3. The confinement must be done using force, threats, or other forms of coercion.
  4. The victim must be aware of the confinement.

Examples of forcible confinement include locking someone in a room, tying someone up, or restraining someone against their will.

If you or someone you care about has been charged with forcible confinement, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Possession of a Weapon Dangerous to the Public Peace

Under Section 88(1) of the Criminal Code of Canada, the possession of a weapon dangerous to the public peace is a criminal offence. This offence applies to anyone who possesses a weapon that could endanger the safety of others or cause harm to others.

Section 88 of the Criminal Code defines the offence of possession of a weapon dangerous to the public peace. This offence covers a wide range of weapons, including firearms, explosives, and other weapons that could cause harm to others. It is important to note that possession of such a weapon is illegal regardless of whether it was used in the commission of another crime.

The penalties for possession of a weapon dangerous to the public peace can be significant, and depend on the specific circumstances of the offence. The severity of the penalty can vary depending on factors such as the type of weapon, the intent of the person in possession of the weapon, and whether the weapon was actually used to cause harm.

It’s important to note that the possession of certain weapons are illegal in Canada, regardless of whether they are considered dangerous to the public peace. These weapons include automatic weapons, certain types of knives, and other weapons that are specifically prohibited under the Criminal Code.

If you or someone you care about has been charged with possession of a weapon dangerous to the public peace, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Possession of a Firearm

Under the Criminal Code of Canada, the possession of a firearm is a criminal offence, unless the person in possession of the firearm has a valid licence and registration certificate for the firearm.

Section 91 of the Criminal Code makes it an offence to possess a firearm without lawful excuse. A person can be charged with possession of a firearm if they are found to be in possession of a firearm without a valid licence and registration certificate, or if they are in possession of a prohibited firearm.

The penalties for possession of a firearm can be severe, and depend on the specific circumstances of the offence. If convicted of possession of a firearm, a person can face a mandatory minimum sentence of imprisonment, depending on the type of firearm and the specific circumstances of the offence.

If you or someone you care about has been charged with a weapons offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Contact Lucas now if you are ready for experienced and compassionate representation