Associate at Daley, Byers, Barristers and Solicitors
Criminal-Lawyers-Association

Criminal Defence Lawyer | Ontario

Services

AVAILABLE 24/7

Thousands

of cases handled

31

years experience

24/7

availability

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Free consultations

Thousands

of cases handled

31

years experience

24/7

availability

$

Free consultations

Charged With An Offence? Here’s Why You Should Call Us!

We focus exclusively on criminal law cases, and we have been successfully defending clients for over 30 years. Below is some information on some of the criminal charges that we have vigilantly, strongly and successfully defended. We have extensive experience, far-reaching resources and the skill and know-how behind us to ensure that we put 100% effort into your case.

Assault

As defined by the Criminal Code, an assault is “the intentional application (or threat of application) of force to another person without their consent”. The assault does not have to necessarily result in physical harm, which makes the scope of assault very broad.

Assaults can cover a wide scope, from involving little to no physical harm, to much more serious cases where physical harm is rather extensive.

For a summary conviction, the maximum penalty in Ontario for assault is 6 months in jail and/or up to a $5000 fine. For an indictment, the penalty is much harsher, with a maximum sentence of 5 years in jail. If you’re currently facing assault charges, contact our office, and we would be happy to help you however we can. Let our experience and expertise work for you.

Bail Hearings

A bail hearing happens after you have been arrested. This is where a judge will decide whether you must stay in jail until your trial or whether you are able to be in the community while you await your trial. If you are granted bail, a court order is issued which allows you to stay out of jail while awaiting your trial.

The judge may order certain terms and conditions for your bail, that must be followed. At a bail hearing, you or your lawyer will present an argument to show why you are not a danger to yourself or others, and why you are a valuable member of your community.

You only receive one bail hearing in the Ontario Court of Justice, and if you break the terms of your bail, it will be revoked and you will have to go to jail while your case is in the court system. Our experience and success rates with bail hearings can help you put your best foot forward and increase your chances of a favorable outcome.

Criminal Negligence

Criminal negligence is the failure to take reasonable steps to protect a person from harm or danger. You are considered to be criminally negligent if you have a legal duty to protect someone from harm and your actions (or inactions) fail to do so. Parents for example, have a duty to protect their children from danger or harm. Employers have a duty to prevent harm to their employees, and drivers have a duty to not harm anyone while they’re driving. When laying criminal negligence charges, it does not matter whether your duty was known to you or not. As long as you should have reasonably been aware of your duty, you can be found guilty. If it can be shown that your inactions or your actions resulted in physical harm or death, you can be found to be criminally negligent.

Criminal negligence is a very serious charge with very serious consequences. The maximum sentence for criminal negligence causing bodily harm is 10 years in jail and life imprisonment if the criminal negligence resulted in death.

When facing such severe charges, it is always best to hire a lawyer with experience and success in these types of cases. You need a lawyer who will strongly and capably defend you, and someone who is familiar with the courts and the proceedings. If you have been charged with criminal negligence, do not hesitate to contact our office for help.

Dangerous Driving

Dangerous driving is different from a careless driving offense because dangerous driving is considered to be a criminal driving charge, whereby the driver has been deemed to be a danger to him/herself or others and having no regard for the safety and wellbeing of others and oneself in a public place. Racing a vehicle and falling asleep at the wheel are examples of dangerous driving.

You can be charged with dangerous driving even if bodily harm has not occurred. In these cases, the penalty can be up to 5 years imprisonment. Driving bans and unlimited fines may also be imposed. The jail time maximum for a dangerous driving offense injury, bodily harm or death has occurred is 10 to 14 years.

A skilled criminal defence lawyer can build your defence by focusing on some complex and intricate points of law, and focus on the circumstances under which you were driving. At the time that you are charged, the police have a lot of discretion in terms of what constitutes a dangerous driving charge. If you have been charged with dangerous driving, it is highly recommended that you get in touch with a lawyer and secure legal representation as soon as possible in order to minimize your chances of conviction. We focus our practice on defending our clients in these matters and ensuring that our clients receive the best defence possible. While we can’t guarantee the outcome of your case, we can guarantee that with our firm, your voice will be heard.

Domestic Assault

Domestic assault refers to the assault of a family member or a member of someone in your household. Domestic assault charges cannot be dropped in Ontario simply because a victim wishes to withdraw the charges.

Domestic assault cases require some delicate handling in many situations, due to the intimate or personal relationship between the accused and the accuser.

The sensitivity of these charges makes legal representation even more critical to your case. We have defended hundreds of domestic assault cases and we are very familiar with not only the court system but how to handle these matters in an effective and efficient manner.

If you or someone close to you has been charged with domestic assault, contact our 24/7 phone line and get in touch with the help and support you need.

Drug Charges

Drug possession and drug trafficking are two different offences. While it is no longer illegal to have marajuana in your possession if you are over 19 years of age, there are still rules on how much you are allowed to have. Possession of more than the legal amount is still illegal. To be charged with possession of a controlled substance, you simply have to be knowingly or unknowingly in possession of the illegal drug, such as cocaine, heroin, amphetamines or any other controlled substance.

Drug trafficking does not only refer to the selling of drugs. You can be charged with drug trafficking if you are giving someone drugs at no cost or even if you are holding drugs for someone else temporarily.

The maximum penalty for drug possession in Canada, if the Crown proceeds with a summary conviction is a fine of $1,000 and six months imprisonment for a first offence. For a second offence, the penalty is up to a $2,000 fine and one year imprisonment.

If you are being investigated for or charged with a drug offense, your home, car and personal belongings become subject to searches. In order to protect your rights, it is important that you have an experienced lawyer on your side to advocate for your rights and ensure that you get the absolute best defence possible.

Fraud

Fraud refers to deceptive, deceitful or misleading information that results in the loss of property, money, security or any service. Fraud charges can carry very harsh penalties, depending on how much was fraudulently acquired by the accused.

Fraud claims of under $5000 come with a jail sentence between 6 and 24 months or a $5000 fine. For fraud claims of over $1 million, the jail sentence can range from 2 to 14 years. Penalties for multiple offences or charges can be much steeper.

If convicted of fraud, you can be facing irreparable damage to your immigration status, your family, your financial security and how you’re seen by friends, family and the community in general. It can also have a devastating effect on future employment. Given the serious nature of these charges, the stiff penalties and the future consequences of a conviction, it is extremely important to ensure that you hire the right lawyer to fight for your rights. Our law firm loves to win and we look forward to the challenges of a difficult case.

Impaired Driving

Impaired driving refers to operating a motor vehicle while under the influence of drugs or alcohol. Impaired driving can also go alongside charges of criminal negligence. The penalties for impaired driving range from a minimum $1000 fine for a first offence and mandatory jail time for any repeat offences. Imprisonment can be up to a maximum of 10 years, even if it is your first offence. There is mandatory jail time for second offences, which is a minimum of 30 days, while third offences come with a minimum mandatory jail term of 120 days.

If you or someone you know has been arrested and charged with impaired driving, it is highly recommended that you call a lawyer immediately. This is a situation where time matters and it’s important to have a skilled criminal defence lawyer on your side from the beginning. We want you to be able to reach us when you need us most. We have a 24/7 phone line for your convenience. Our vast experience with these types of charges allows us to effectively represent you and ensure that your rights are protected.

Manslaughter

Manslaughter is a very serious charge, as it is the charge laid when someone has died as a result of someone else’s actions. Manslaughter differs from murder in the eye of the law because with manslaughter, there may not have been an intent to kill.

Manslaughter focuses on the result of one’s actions when death occurs, as opposed to the intent to cause death.

The penalty for manslaughter is not necessarily an automatic punishment of life imprisonment, though this decision is up to the discretion of the court.

If you or someone that you love is facing manslaughter charges, it is crucial that they have a solid defence lawyer on their side, to ensure that they not only get a fair trial, but that all evidence and information to help their case is presented in the best possible way.

Our firm has handled many manslaughter cases over the years. We have the experience, the knowledge of the system and the skills to ensure that the accused has ample opportunity to have their voice heard.

When your future is at stake, you need a tenacious defence lawyer to pull out any roadblocks and fiercely defend you. When you hire us, you’re in good hands.

Sexual Assault

In Canada, the definition of what falls under “sexual assault” is very broad. Whether someone is found guilty or not, being charged with sexual assault can have devestating consequences for one’s future. Even in a situation where charges are dropped or reduced, the stigma of having been charged with sexual assault can haunt you for the rest of your life.

Sexual assault refers to any act in which one touches another in a sexual way without their consent, or if there is coersion, physical violence or the threat of physical harm. This can include unwanted touching to a specific area of the body or touching for the purposes of sexual gratification. Unwanted kissing or over-the-clothes touching falls into the sexual assault category, as does performing sexual acts on someone who is unable to consent (a child or someone who is unconscious).

The #metoo movement brought with it much awareness of the importance of consent, but it brought with it too, some confusion around what consent is. For example, the accuser does not need to give verbal consent, but there must be clear signs of consent in the accused’s actions and response to touching.

In sexual assault cases, the intent is a key component of any good defence. If you have been falsly accused of sexual assault, or if your partner later changed their mind and regretted their choice, it is so important that you have a good defence lawyer with experience in this area. Based on the stigma attached to sexual assault charges, you need someone on your side who understands the court system, understands the law and can fight for you. We have much success in having such cases reduced to a lesser charge or having the charges dismissed altogether. Call our 24/7 phone line if you’re in need of our help.

Youth Offences

In Canada, The Youth Criminal Justice Act (YCJA) protects and ensures the rights of youth between the ages of 12 and 17 years of age. From age 18, one is considered an adult and under the age of 12, one cannot be charged with a crime.

With youth offences, the focus tends to be more on meaningful consequences, crime prevention, rehabilitation and reintegrating the youth into the community in a productive way. If you or someone you care about has been charged with a youth offence, the proper representation can help ensure that their mistake doesn’t negatively impact their entire future. There is a common misconception that a youth criminal record disappears once the offender turns 18 years of age.

This is not true, making it even more important to handle any youth offences properly and to have an experienced, skilled defence lawyer to guide them through this process. We have vast experience with these types of cases, with favorable results.

Appeals

The Appeals process in Ontario allows for decisions to be changed and for convictions to be set aside if one of the following criteria is met:

The original decision can be proven unreasonable or unsupported by evidence;
The judge made an error of law;
A miscarriage of justice can be proven

The Appeals process can be very complicated and requires not only an in-depth understanding of the law and legal procedures, but it also requires someone who isn’t afraid to stand up for their clients’ rights, and challenge the system. We have extensive experience appearing before tribunals and the appellate courts and our success rate is extremely high. We have included a few links below to give you some additional information.

Guide to Appeals in Provincial Offences Cases | Ontario Court of Justice

Guide to Appeals in Divisional Court – Ministry of the Attorney General

If you would like to find out whether you have good grounds for an appeal or if you would like us to review your case and answer any questions regarding an appeal, contact our office. We guarantee that your case will be given the attention it deserves.

Criminal-Lawyers-Association

Lawrence is not afraid of a challenge and he won’t back down. Our clients matter to us, and your case is important to us. As a client, you are a valuable asset to our defence team, and we work alongside you to present you in the best possible light to the court.

Being charged with a crime can be scary, overwhelming and extremely upsetting to you and your loved ones. Call us and let us help you.

Defence Cases Are Time Sensitive, Call Us 24/7


Do you need a criminal defence lawyer to conduct a thorough review of your situation? The important thing at this stage is to prepare for every contingency.

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