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Criminal Defence

We believe that if you’ve been charged with a criminal offence, you deserve to be represented by knowledgeable lawyers who will give your file individual care and attention, conduct an exhaustive investigation, challenge the prosecution’s case from every possible angle, defend your rights, and seek the most favourable outcome for you. We also recognize the cost involved in retaining quality legal counsel, and Aitken Robertson provides flexible fee arrangements.

domestic assault
May 25, 2021

Domestic Assaults

A ‘domestic assault’ refers to an assault that occurs during a domestic relationship, such as between married partners, common-law partners, dating couples, and parents and children. They are treated more severely than other assault offences.
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sex assault
May 25, 2021

Sex Assaults

A ‘sexual assault’ refers to an assault that involves some nature of sexual touching, or a sexual overtone. These can range from merely touching a body part up to and including something such as rape.
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assaults
May 25, 2021

Other Assaults & Threats

In general terms, an ‘assault’ is the use of force or attempted use of force on another person. These offences could include general assault, aggravated assault, assault with a weapon, and criminal harassment.
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internet crimes
May 25, 2021

Internet Crimes

In today’s day and age, the Internet and social media have opened up new pathways for new types of offences. These can be widely varied: many common charges include child pornography, revenge porn, and libel/defamation.
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bail
February 17, 2013

Bail Hearings

A bail hearing will determine whether an accused will be released from custody for the period leading up to the actual trial. Here is an overview of the hearing procedure and what you can expect during the process.
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Drug Charges in Ontario
August 17, 2012

Drug Charges

Drug charges are laid for ‘possession’ and/or ‘trafficking’. Each comes with its own set of penalties as per the Criminal Code of Canada. Click to learn more about the specific Code provisions and what they entail.
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young offenders
August 17, 2012

Young Offenders

Individuals under the age of majority who have been charged will be treated under the Youth Criminal Justice Act. Youth matters are generally treated with a greater focus on rehabilitation rather than deterrence, and more on reparation than on retribution.
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shoplifting charges ontario
November 18, 2012

Shoplifting Charges

Shoplifting involves the offence of theft under $5,000 as per the Criminal Code of Canada. While it may not be considered as serious as other crimes, penalties can still include jail time, fines, and the burden of a criminal record.
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fraud
August 17, 2012

Fraud Charges

Simply put, ‘fraud’ occurs when someone knowingly tricks a person or the larger public out of some kind of property, such as money, an item, land, a service, or shares in a company.
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mischief charges in ontario
August 17, 2012

Mischief Charges

Mischief occurs when someone wilfully destroys or damages property, or if they render it dangerous, inoperative or ineffective. It can also be considered mischief if one’s actions obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property.
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criminal appeal
August 17, 2012

Criminal Appeals

If you’ve been convicted of a criminal offence, here are the Ontario criminal appeal rules you need to know to appeal your criminal conviction or sentencing. Keep in mind you only have a short period of time to serve and file your appeal.
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Reasons to Get a Pardon
November 6, 2012

Pardons

An official pardon (also known as a “Record Suspension”) could erase your criminal record history, giving you peace of mind, better job prospects, and remove other burdens such as difficulties immigrating or crossing the border.
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theft charges ontario
August 17, 2012

Theft Charges

Theft occurs where anyone fraudulently and without colour of right, either takes or converts anything with the intent to deprive the owner or the person who has a special interest in it.
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peace bond
March 22, 2021

Peace Bonds

A ‘peace bond’ is an order made by a judge, where the defendant is subjected to obey certain conditions to prevent them from committing an offence. Common conditions include no-contact orders, abstaining from owning a weapon, and/or a good behaviour requirement.
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driving offences
August 15, 2012

Dangerous Driving and Traffic Charges

Some Highway Traffic Act Offences (HTA) carry very serious consequences. Here are some of the ones that we deal with most frequently.
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Recent Successes for Our Clients with Criminal Charges

CASE STUDY: Fraud Over $5,000 and Possession of Stolen Property Over $5,000 in Newmarket

Ms. W was charged after her employer made a complaint regarding missing funds after conducting an accounting audit. She was a single mother and was at risk of receiving a jail sentence, if convicted.

CASE STUDY: Withdrawn Fraud Over Charges in Oshawa

Our client, Ms. C was charged with fraud over. She became involved with the wrong person who had her attend a bank machine to collect proceeds obtained through crime.

CASE STUDY: Spousal Assault with a Weapon in Belleville

After a long day, Mr. K and his partner had an argument one evening. It was alleged that during the altercation, he threw a picture frame at the complainant. Compounding the situation, alcohol was involved, and minor children were present in the home at the time of the incident.

CASE STUDY: Sexual Assault, Assault, Mischief in Timmins

The complainant went to police with allegations of previous assaults and a sexual assault alleged to have taken place during their relationship. With respect to the sexual assault in particular, it was alleged that the complainant sustained injury and had to attend the hospital after non-consensual intercourse.

CASE STUDY: Break and Enter, Assault Causing Bodily Harm

Our client, Ms. A, was involved in a dispute with the complainant over the return of an item that had been borrowed. The parties made arrangements to meet at the complainant’s residence, but the complainant later claimed that Ms. A and her boyfriend forced their way into the residence. The complainant alleged that Ms. A and her boyfriend kicked her apartment door down and proceeded to strangle her and throw her down a flight of stairs, resulting in a broken wrist. Ms. A and her boyfriend were both charged with breaking and entering and assault causing bodily harm. If convicted, Ms. A was likely facing considerable jail time, taking into account that she had a prior conviction for breaking and entering.

CASE STUDY: Sexual Offence Charges Withdrawn

Mr. A had no prior criminal record. He was married and had a very good job. He remained a contributing member of the community throughout his life. Mr. A found himself in trouble when he was charged with these serious offences. The police gathered extensive evidence against Mr. A including computer extraction data, IP address data etc. Surprisingly, the police did not obtain a production order (similar to a warrant) to obtain personal subscriber information from the telecom companies citing exigent and urgent circumstances.

CASE STUDY: Judicial Stay of Sexual Assault Charges in Cobourg

Our client, Mr. S, was a man with a good job, a wife and kids, and no criminal record. He was charged with sexual assault in relation to an incident at a family event. Mr. S denied the allegations, and the matter was set for a five-day trial. However, upon the start of the trial, a scheduling conflict on the part of the Crown led them to request that the trial proceed at a different date. If convicted, Mr. S was facing a three-year penitentiary sentence and registration as a sex offender.

CASE STUDY – Domestic Assault in Oshawa

A dispute ensued between the complainant and our client which led to the police involvement. Ms. P was charged with assault and assault with a weapon.

CASE STUDY: Assault in Minden

Mr. E, a single widowed father juggling multiple jobs and pursuing further education while caring for a young child, encountered a challenging situation when he spanked his child out of frustration, leaving visible marks but causing no serious injury. This led to the intervention of the Children’s Aid Society, which resulted in a criminal assault charge against Mr. E.

CASE STUDY: Sexual Assault x 3, Sexual Interference, Invitation to Sexual Touching

Our client was a man in his 40s with a good job and no criminal record. However, this was put in jeopardy when he was accused of sexual offences for events alleged to have taken place several decades earlier. He was alleged to have had a non-consensual sexual relationship with a distant family member, a minor at the time.

CASE STUDY: Successfully Negotiating Withdrawal of Mischief Charges

The client, referred to as Mr. B, found himself in legal trouble following a night of revelry. During the course of the evening, while intoxicated, he accidentally broke a window. The incident occurred in a public area, and although no one witnessed the act directly, his inebriated state led him to admit responsibility when approached by law enforcement officers.

CASE STUDY: Dismissal of Domestic Assault Charges Through Eyewitness Evidence Challenge

Ms. J, a 20 year-old woman, found herself embroiled in a legal dispute when she was charged with domestic assault.

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