Criminal Code Offences - Bytensky Prutschi Shikhman

Canada’s criminal justice system provides for the handling of various criminal code offences. How a charge is handled depends on the nature of the crime, the seriousness of the charge, the prior history of the accused, and other factors. The type of offence can have an impact on custody matters, bail, trial procedures, and sentencing.

Summary Conviction Offences Versus Indictable Offences

Summary conviction criminal offences under the Criminal Code are minor offences that carry a fairly light penalty. If you are convicted of a summary conviction offence, you will generally face a fine of no more than $2000 and a maximum prison term of six months. In contrast, indictable offences are more serious crimes with more serious penalties.

The Criminal Code also characterizes some types of crimes as “hybrid offences,” which means that the Crown has discretion to decide whether, in a given case, the crime should be treated as a summary conviction offence or an indictable offence.

Violent Crimes

Part VIII of the Code deals with crimes against a person or reputation. This includes violent crimes in which the victim is injured or killed. These crimes include homicide, rape, assault, and other crimes of a similar nature.

Murder is the intentional killing of a human being, and may be classified as first or second degree murder, depending on the circumstances of the killing and the amount of premeditation and forethought involved. The mandatory minimum sentence for murder is life in prison, although the date at which an offender may be eligible for parole may vary.

Manslaughter is a charge that applies to the killing of someone through a wrongful act that may or may not have been intentional. A charge of murder may be reduced to manslaughter is the accused can demonstrate that there was provocation on the part of the victim.

The most common form of violent crime is assault, the applying of force to another person without consent, threatening the use of unwanted force, or accosting another person while bearing a weapon. Aggravated assault charges apply to assaults where the victim was wounded or disfigured or his or her life endangered. Sexual assault is any unwanted touching or contact of a sexual nature that is uninvited. There are varying levels for each of these offences, depending on the circumstances.

Property Crimes

Criminal offences against property include theft, robbery, and breaking and entering. Theft is the most commonly reported criminal offence in Canada, and the penalties depend upon the amount and value of the items or goods stolen. Robbery is theft with the threat of violence, and carries with it a maximum sentence of life in prison.

Drug Crimes

Canada’s key drug legislation is the Controlled Drugs and Substances Act, which deals with narcotics and other controlled substances. Drug offenders may be charged with possession or trafficking, both of which carry severe penalties including fines, jail time, probation, and many times, all three. Drug charges are often brought in conjunction with money laundering charges; money laundering is an illegal method of handling or transferring money in order to conceal its illegal origins.

Bytensky Prutschi Shikhman: Criminal Defence Lawyers On Your Side

The Law Firm of Bytensky Prutschi Shikhman is committed to providing the highest standards of legal defence for individuals and corporations charged with criminal offences. Collectively, this team of lawyers has decades of experience in all areas of criminal law, including conducting trials and arguing cases at all levels of court in Ontario as well as before the Supreme Court of Canada. They also provide legal assistance to other lawyers and firms in a variety of legal areas, such as immigration or family law, when those matters cross the line into the criminal arena.

They have established reputations within the Ontario courts and legal community for their commitment to justice and unwavering dedication to professionalism. For a free initial telephone consultation, contact Bytensky Prutschi Shikhman at 5000 Yonge St, Suite 1708, Toronto ON M2N 7E9, or by calling (416) 365-3151.