Criminal Harassment Lawyer Toronto

Defending Against Criminal Harassment Charges

If you have been accused of criminal harassment, also known as stalking, you may face serious consequences that can affect your reputation, freedom, and future. Criminal harassment is a complex and sensitive offence that requires a skilled and experienced criminal harassment lawyer to protect your rights and interests.

At Fedorowicz Criminal Law, we have over 20 years of experience in defending clients against criminal harassment charges. We understand the legal and emotional challenges you may face, and we are committed to providing you with the best possible defence strategy for your case.

What Is Criminal Harassment?

Criminal harassment is a crime that involves engaging in conduct that causes another person to fear for their safety or the safety of someone they know. The conduct must be done without lawful authority and with knowledge or recklessness as to whether the other person is harassed.

According to the Canada Criminal Code, the conduct that constitutes criminal harassment includes:

• Repeatedly following from place to place the other person or anyone known to them
• Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them
• Besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be
• Engaging in threatening conduct directed at the other person or any member of their family

Different Forms Of Criminal Harassment

Criminal harassment can take many forms, such as:

• Sending unwanted messages, emails, letters or gifts
• Calling or texting repeatedly or at inappropriate times
• Showing up uninvited at the other person’s home, workplace or school
• Spreading rumours or false information about the other person
• Monitoring the other person’s online activity or social media accounts
• Damaging the other person’s property or belongings
• Threatening to harm the other person or someone they care about

Criminal harassment can occur in various contexts, such as:

• A former or current intimate relationship
• A family dispute or separation
• A workplace conflict or rivalry
• A personal grudge or vendetta
• A random encounter or obsession

Evaluating Reasonable Fear In Criminal Harassment Cases

One of the key elements of criminal harassment is that the conduct must cause the other person to reasonably fear for their safety or the safety of someone they know. This means that the fear must be based on an objective assessment of the circumstances, not on the subjective feelings of the other person.

The court will consider various factors to determine whether the fear was reasonable, such as:

• The nature and frequency of the conduct
• The relationship between the parties
• The history of interaction between the parties
• The impact of the conduct on the other person’s physical and mental health
• The vulnerability of the other person due to factors such as age, gender, disability or isolation
• The presence of any threats, violence or weapons

The court will also consider whether the accused had a lawful excuse for their conduct, such as:

• Performing a legal duty
• Protecting themselves or someone else from harm
• Exercising a right or authority in good faith

The Consequences Of A Criminal Harassment Conviction

Criminal harassment is a serious offence that can result in severe penalties if convicted. Depending on how the Crown proceeds with the charge, criminal harassment can be an indictable or summary conviction offence. When you hire a reliable criminal harassment defence lawyer, you maximize your chances of avoiding such charges.

An indictable offence is more serious and carries a maximum penalty of 10 years in prison. A summary conviction offence is less serious and carries a maximum penalty of 18 months in jail and/or a $5,000 fine.

In addition to these penalties, a criminal harassment conviction can also have other negative consequences, such as:

• A criminal record can limit your employment, education and travel opportunities
• A restraining order that can restrict your contact and communication with the other person and anyone you know
• A weapons prohibition that can prevent you from possessing or owning any firearms or ammunition for a period of time or for life
• A forfeiture order that can require you to surrender any weapons or firearms that you own to the Crown
• A DNA order that can require you to provide a sample of your DNA for inclusion in a national database

Potential Defences Against Criminal Harassment Charges

If you have been charged with criminal harassment, you need a strong and effective defence strategy to challenge the allegations and protect your rights. Richard Fedorowicz has over 20 years of experience in defending clients against criminal harassment charges. He will thoroughly review your case and explore all possible defences that may apply to your situation.

Some potential defences against criminal harassment charges are:

• Lack of intent: You did not intend to harass or frighten the other person, or you were not aware or reckless as to whether your conduct would have that effect
• Lack of fear: The other person did not actually fear for their safety or the safety of someone they know, or their fear was not reasonable in the circumstances
• Lawful authority: You had a valid reason or justification for your conduct, such as performing a legal duty, protecting yourself or someone else, or exercising a right or authority
• Consent: The other person agreed to or welcomed your conduct, or you had a reasonable belief that they did
• Mistake of fact: You acted under a mistaken but honest belief about a fact that would negate your criminal liability, such as the identity or location of the other person
• Alibi: You were not present at the time and place where the alleged conduct occurred, and you have evidence to prove it

What Are The Advantages Of Hiring An Experienced Criminal Harassment Lawyer?

As an experienced criminal harassment lawyer, Richard Fedorowicz can help you by crafting the best defence against the charges you might be facing. By enlisting the services of Fedorowicz Criminal Law you will have the opportunity to vigorously defend against criminal harassment charges and benefit from strong legal representation.

Richard will:

• Listen to your side of the story and answer any questions you may have
• Explain the law and legal process to you clearly and simply
• Conduct a thorough investigation of the facts and evidence in your case
• Negotiate with the Crown to seek a withdrawal or reduction of the charge, if possible
• Prepare a strong and effective defence strategy based on the circumstances of your case
• Represent you in court and advocate for your rights and interests
• Seek the best possible outcome for your case, whether it is an acquittal, a plea bargain or a lenient sentence