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 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 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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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
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 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
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
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
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 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
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 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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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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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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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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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: Sexual Assault in Kitchener-Waterloo
Our client, Mr. F, was accused by a close family member of sexual assault, indecent exposure, and assault. He was accused of sexually assaulting her when she was young, and later exposing himself to her. He was also accused of committing an assault on her
CASE STUDY: Child Pornography Charges Withdrawn
After on-going discussions with the Crown Attorney spanning through several months, all charges against Mr. S were outright withdrawn.
CASE STUDY: Mischief Under $5000
The client and the complainant are neighbouring property owners who have been embroiled in disputes concerning their property boundaries and a recently erected fence. During the early fall, the accused, who was before the court, left her own residence equipped with a hammer. She then entered her neighbour’s yard, proceeding to the rear of the property, where she commenced damaging a shared wooden fence.
CASE STUDY: Sexual Assault and Interference
Our client in this case faced serious allegations and the goal was to have him acquitted and found not guilty so he could get his life back on track.
CASE STUDY: Charges Spousal Assault
The complainant and Mr. P were in a relationship for slightly over a year, initially residing in a small city in Northern Ontario before moving to Peterborough for a brief 3-month period. They did not have any children together, and the complainant was pursuing her studies while being in the relationship. In late winter of 2023, the Peterborough Police received a distress call from the complainant, reporting that her boyfriend, Mr. P, was assaulting her.
CASE STUDY: Charges Domestic Assault and Assault with a Weapon
Mr. G and Ms. G had been in a relationship for approximately 12 years, sharing a residence, though they did not have children together. During the spring of 2022, the complainant reported an alleged assault by Mr. G to the police. She also disclosed an earlier incident from the summer of 2013 where Mr. G had allegedly thrown a hammer at her head.
CASE STUDY: Spousal Assault in Belleville
On a winter’s morning of 2023, at 03:28 a.m., the police received a dispatch call regarding a domestic dispute. The complainant and homeowner, Mr. F, reported that Ms. A, his friend’s girlfriend, was intoxicated and engaged in an argument with her boyfriend, Mr. B.
CASE STUDY: Belleville Sexual Assault Charges
Our client, Mr. M, was a middle-aged man with adult children and who had no criminal record. He was accused of sexual assault by two of his children, who claimed that the alleged assaults had taken place over a period of several years between 20 and 30 years prior.
CASE STUDY: Child Pornography Charges in Kingston
Our client, Mr. Z, was a young man with no prior criminal record, but found himself facing serious criminal allegations when he was charged with two child pornography offences as well as smuggling an item into Canada. These were very serious allegations, and the Crown was seeking a period of at least 1 year in jail on a conviction. In addition, if Mr. Z were convicted, he would have to register as a sex offender for a long period of time.
CASE STUDY: Sexual Assault Charges in Peterborough
Our client, Mr. C, was a middle-aged man with a wife and kids and no prior criminal record. He found himself facing serious allegations, however, when he was accused of sexually assaulting the daughter of a former partner nearly 20 years prior.
CASE STUDY: Child Pornography Charges in Kingston
Mr. H was a man with a good job, a wife and kids, but found himself in serious trouble when he was arrested on child pornography charges. He was accused of both possessing and accessing child pornography.
CASE STUDY: Child Pornography Charges in Peterborough
Our client, Mr. W, was arrested and charged with possessing child pornography, and further charged with mischief and voyeurism a number of months later, after the seizure of his belongings. These were serious charges that would lead to jail time as well as registration as a sex offender for Mr. W if convicted.
