Assault & Domestic Assaults
Assault is one of the most basic forms of violence, and our lawyers can help defend you against charges of simple, aggravated, and domestic assault. There are three ways in which an assault may occur: physical assault, any form of physical touch such as groping, and statements to inflict harm or threatening words. Retaining one of our experienced lawyers to handle an assault charge can make a major difference in how the proceedings are conducted and the charges being filed. They will determine your options and work to achieve the best possible outcome.
Note: Domestic assault offences are taken especially seriously by Crown prosecutors, so the consequences of being found guilty are substantial.
Brar Tamber Rigby has obtained favourable results defending clients against assault and domestic assault offences. Our goal is to educate you on your rights and options, obtain relevant disclosures, and request any bail modifications while working towards the best possible outcome.
We will explain all of your options before entering a plea, including the possibility of avoiding a criminal record by completing a diversion program. We will also work to negotiate a deal with the prosecutor.
Criminal Harassment
Being charged with criminal harassment, including stalking, can cause financial and emotional distress.
To prove criminal harassment in court, the prosecutor will have to provide evidence that the accused:
- Repeatedly watched a place where the victim or complainant lives, carries on business, works, or happens to be.
- Communicated with them or someone they know, either indirectly or directly.
- Recurrently followed the complainant or someone they know.
- Used threatening behaviour or conduct towards the complainant or someone in their family.
The complainant must also establish that they were harassed and that the defendant engaged in the activity knowingly. Furthermore, the complainant must establish that they feared for their safety or of those they know and that the fear was reasonable.
Individuals facing these charges should hire Brar Tamber Rigby’s criminal defence lawyers to fight for their best possible outcome. We understand that a criminal record can have lifelong ramifications, so we give a lot of thought to determining the best possible course of action.
Threats and Uttering Death Threats
‘Uttering threats’ is a broad and vague charge that can mean almost anything. However, the most common charges related to these involve threats of bodily harm and/or death.
An individual can be charged with uttering threats when they knowingly convey or utter a threat towards another individual. It is not necessary for the threat to have a motive, nor does the accused have to carry it out. It may include a threat to cause bodily harm; burn, destroy or damage real or personal property; or death. It may also include the threat to injure or cause the death of an animal that the complainant owns.
The penalties for uttering threats and death threats include imprisonment for up to five years. When a threat is made to someone’s animal or real or personal property, the penalty can be imprisonment for up to two years when it’s an indictable offence.
If you or someone you know is facing charges for uttering threats, including death threats, contact Brar Tamber Rigby. Our experienced lawyers can utilize a variety of defences to suit your case’s particular circumstances. Contact us to obtain high-caliber legal counsel.
Drug Offences
Being convicted of a drug-related offence under Canada’s drug laws can result in a substantial jail sentence and criminal record. That can have a big impact on your future, including your current job and future employability. It can also affect your ability to travel.
An allegation of delivering or selling drugs, or of drug trafficking, can result in various penalties depending on the quantity and type of drugs. It’s one of the few criminal offences that can lead to a life sentence. Recent changes to drug possession and trafficking laws have introduced harsher minimum penalties for criminal drug-related activities.
With so much at stake, it’s important to hire an effective criminal defence lawyer who can provide strong representation. Our lawyers have experience defending our clients in both large-scale trafficking operations and small possessions cases. We conduct a thorough examination of the case to prepare a strong defence on your behalf. This can go a long way towards protecting your freedom and rights.
Weapons Offences
A weapons offence is one of the most serious charges that can be prosecuted in Canada. The use of any item, depending on the context, can lead to a weapons offence charge. Some examples include:
- Weapons trafficking
- Carrying dangerous weapons
- Possession of a weapon for the purpose of trafficking
- Carrying a weapon that is hidden
- Possession of a prohibited or restricted weapon
Weapons can be classified into different categories such as knives, firearms, and items that may not traditionally have been considered weapons. A weapon can also refer to any object that can be used to cause intentional injury, intimidation, or death. Being convicted of using a weapon while committing another offence, like an assault, can result in a much harsher penalty.
The team at Brar Tamber Rigby has the required experience to address such serious charges. If you or someone you know has been charged, do not wait to get in touch with us. A weapons charge can categorize you as a dangerous offender and have serious consequences. We know the law and the best ways to protect you against conviction, which can lead to a permanent record and substantial prison time.
DUI and Over 80
Drinking and driving offences are Criminal Code offences in Canada. A DUI (driving under the influence) offence can have severe consequences to both your insurance premiums and license. If found guilty, you are subject to harsh penalties that will affect your ability to travel as well as your current and future employment prospects. Remember: a driver can be charged if a police officer believes they are driving under the influence of alcohol or drugs, has more than 80 mg blood alcohol content (BAC), or refuses to provide a breath sample.
‘Over 80’ is a common drinking & driving allegation that makes it an offence to drive with a blood alcohol content that exceeds 80 mg per 100 mg of blood. If the prosecutor can prove that you were driving with a blood-alcohol level that exceeds the legal limit, you will be found guilty. Over 80 means you:
- Consumed alcohol.
- Operated a motor vehicle.
- Were subjected to a breathalyser test and the reading was over the legal limit of 0.08.
Under the Ontario Highway Traffic Act, the following penalties are imposed for those driving over 80:
First Conviction- Fines determined as per your blood alcohol content (BAC)
- A minimum $1,000 fine for BAC between 80 mg and 120 mg
- A $1,500 fine for BAC between 120 mg and 160 mg
- A $2,000 fine for BAC of 160 mg and above
- Mandatory vehicle impoundment
- A license suspension for a minimum of one year
Second Conviction
- A mandatory jail sentence of at least 30 days
- Mandatory vehicle impoundment
- A license suspension for a minimum of 2 years
Third and Subsequent Convictions
- A mandatory jail sentence for a minimum of 120 days
- Mandatory vehicle impoundment
- A licence suspension for a minimum of 3 years to life
If you are facing an Over 80 or DUI charge, contact Brar Tamber Rigby’s experienced lawyers. They specialize in driving-related offences and are recognized for their expertise in Over 80 charges, refusing a breathalyser and impaired driving cases. We will do everything in our power to prevent you from getting a criminal record and having your driver’s license suspended. This includes challenging the allegations by using different methods, including:
- Challenging the police officer’s reasoning for obtaining a breath sample.
- Challenge the technical aspects of the breath testing procedure or breathalyser.
- Exclusion of evidence because the police officer violated your rights.
However, it’s imperative that you consult with our lawyers at the earliest to successfully deal with the situation. You are entitled to seek legal help from a skilled criminal defence lawyer.
