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Defending Criminal Harassment Charges in Toronto
Are you facing the tricky waters of criminal harassment charges in Toronto? You are not alone. Often called “stalking,” this offence involves repetitive actions aimed at harassing, scaring, or simply getting under someone’s skin, with a hint of obsessive behaviour thrown in. If you are caught in this net, it is crucial to bring a seasoned criminal defence lawyer on board.
Enter Kazandji Law, a team of smart Toronto-based legal attorneys specializing in criminal defence. We have a skill for turning the tables in favour of clients trapped in criminal harassment or domestic-related legal troubles.
What is Criminal Harassment in Canada
Imagine someone constantly shadows you or someone close to you. This could be physically following you around or texting a lot of messages. It’s like having an unwanted shadow that will not go away.
Under the Criminal Code (section 264(1)), it is illegal for anyone to harass someone else if they know or should know; it is causing fear.
What counts as harassment?
- If someone is always showing up wherever you or your friends are.
- If they keep contacting you, even when you have made it clear you are not interested, that is another.
- And if they are hanging around your house, workplace, or favourite coffee shop to keep an eye on you, that’s definitely crossing the line.
Getting Charged With Criminal Harassment
The label of criminal harassment often carries a mysterious vibe. Thanks to media reports, there is a common misconception that such charges inevitably escalate to serious crimes like murder or sexual offences. However, in reality, the actions leading to these charges frequently do not meet the strict legal criteria of criminal behaviour. Kazandji Law recognizes that being accused of criminal harassment does not automatically make someone a “stalker.”
The Act Of Criminal Harassment
- Understanding Criminal Harassment: It is not just about feeling uneasy; when someone persistently follows you or keeps tabs on your friends, it is a serious matter for the courts.
- Threatening Behavior: It is more than just an uncomfortable vibe. If someone’s actions make you fear for your safety, it’s time to speak up.
- Legal Boundaries: To cross the line into criminal territory, the person harassing you either knows they are causing pain or they are so careless they might as well know.
- Safety First: The bottom line? If their behaviour makes you worry about your safety or that of your friends, it is a red flag that should not be ignored.
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Criminal Harassment Penalties
Firstly, there is the immediate headache of a criminal record, fines, and probation. But that is not all – you could be looking at up to 10 years behind bars in extreme cases.
Often, courts slap a ‘no-contact’ order on the guilty party, meaning zero interaction with the victim. Also, you might have to attend counselling sessions as part of your probation deal.
Criminal harassment lawyer stats reveal that such convictions can even mess with your immigration status or lead to deportation. Planning a holiday? Some countries might roll down their ‘No Entry’ signs for you.
What Is the Sentence for Criminal Harassment
It’s called a hybrid offence, like how a Prius runs on both gas and electricity. The prosecutor gets to choose their path – indictable or summary.
Let’s break it down as per Section 264(3) of the Criminal Code of Canada:
- Rock concert level (indictable offence): You could be looking at up to a decade behind bars.
- Acoustic set level (summary offence): This could mean up to 2 years in prison and being lighter by $5,000.
Now, while the Criminal Code does not throw mandatory sentences at you, do not think you are off the hook. A judge can turn up the volume on your sentence, especially if you have been misbehaving before, like breaking a peace bond during the offence.
How to Prove Harassment in Court
To clinch a harassment case in court, the prosecutors have a checklist to check. Here’s what they need to mix in:
- Behaviour Patterns: First, they have to show the accused was acting like a serial pain. Imagine someone following you around with a bad smell or texting you with messages – that’s the kind of behaviour we are talking about.
- No Excuse Zone: Then, they have to prove the accused had zero business acting that way. No ‘get out of jail free’ card for them.
- Mind Games: The Crown needs to dig into the accused’s head. Were they fully aware they were being a nightmare, or were they blissfully ignorant?
- Fear Factor: Finally, they have to show the victim was genuinely scared, not just annoyed. We are talking about real fear for their safety and maybe even their families.
How Do You Fight Harassment Charges in Toronto
Harassment charges are not a one-size-fits-all situation. At Kazandji Law, we get that. Each case is like a unique mystery, and we are the experts at solving them. Our strategy? We zero in on the prosecution’s claims, studying every tiny detail.
From the incident itself, your identity, your intentions, to whether the accuser really had a reason to be scared.
Do you have harassment charges hanging over your head, or do you know someone who does? Give us a ring at 647-559-6982 for a no-cost case evaluation.
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How do I prove criminal harassment in Canada?
In Canada, to prove criminal harassment, the prosecution must show that the accused’s actions led to the victim feeling harassed, in line with the criteria of the prohibited acts.
How do I sue someone for harassment in Canada?
To sue for harassment in Canada, you need to file a complaint with the Human Rights Commission, which will then assess and handle your case.
Can criminal harassment charges be dropped in Canada?
In Canada, criminal harassment charges may be dropped if the accused participates in counselling programs, leading to an agreement for the charges to be withdrawn or discharged
Is text harassment a crime in Canada?
Yes, in Canada, text harassment is a crime. It’s illegal to repeatedly communicate with someone via telecommunication with the intent to harass without a lawful excuse.