Offences Against the Person Defence Lawyer in Brampton
What Are “Offences Against the Person”?
These are crimes where someone’s safety, dignity, or life is threatened or harmed — either physically or emotionally. They are split into:
1. Indictable offences — the most severe, often punishable by years or life in prison.
2. Hybrid offences — can be prosecuted as indictable or summary, depending on factors like harm caused and intent.
Whether the charge involves intent, negligence, or recklessness, each carries serious stakes.
1. Indictable Offences: Catastrophic Consequences
These are the most serious charges under Canadian law:
- 1st Degree Murder: Premeditated and intentional killing of another individual
- 2nd Degree Murder: Intentional killing without premeditation.
- Manslaughter: Unintentional killing resulting from reckless actions or negligence.
- Infanticide: The killing of an infant by its mother under specific circumstances.
- Motor Vehicle Offences Causing Death: Including dangerous driving or impaired operation leading to fatal accidents.
- Attempted Murder: An unsuccessful but deliberate attempt to kill another person.
- Conspiracy to Murder: Planning or agreeing to commit murder, including related negligence causing death.
- Aggravated Sexual Assault (Level 3): Sexual assault resulting in life-threatening injuries.
- Sexual Assault with a Weapon (Level 2): Involving threats, use of weapons, or causing bodily harm.
- Aggravated Assault (Level 3): Assault causing significant injury or endangering life.
- Assault with Weapon or Causing Bodily Harm (Level 2): Use of a weapon or actions leading to injuries.
- Unlawfully Causing Bodily Harm: Causing harm without lawful justification.
- Robbery: Theft involving violence or threats of violence.
- Sex Offences Against Children: Includes exploitation, abuse, and related crimes.
- Kidnapping and Abduction: Forcibly confining, abducting, or holding a person against their will.
- Extortion: Obtaining property, money, or compliance through threats.
- Discharge of Firearm with Intent: Using firearms to harm or threaten individuals.
- Criminal Negligence Causing Bodily Harm: Failure to meet a duty of care, resulting in injury.
- Miscellaneous Indictable Offences: Other severe crimes causing harm to individuals
These cases can carry life sentences, mandatory parole periods, lifelong registries, or lengthy prison terms—plus profound emotional and financial impact.
2. Hybrid Offences: Flexible but Serious
Hybrid offences may be prosecuted as either indictable or summary, depending on context:
- Sexual Assault (Level 1): Non-consensual sexual activity without aggravating factors.
- Assault (Level 1): Physical contact or threats of violence causing minimal harm.
- Assaulting a Peace Officer or Resisting Arrest: Actions against law enforcement officers.
- Other Offences: Such as threats, defamation (libel), and non-violent abduction.
These charges can lead to criminal records, probation orders, or jail time — depending on the chosen route.
How Serious Is Your Charge?
- The type of offence
- The severity of harm
- Whether a weapon was used
- The presence of vulnerable victims (children, elderly, public figures)
- Your criminal history, or lack thereof
Defence Strategies at Every Level
Every case demands a custom approach:
1. Challenging Intent or Causation
Proving you didn’t mean harm — or that the victim’s injury had another cause.
2. Consent and Mistaken Belief
Especially in assault or sexual offences involving consent.
3. Reflex or Automatic Action
For example, actions done without conscious thought.
4. Lack of Identification
In cases with no clear evidence you were the person involved.
5. Charter Violations
Ignoring your legal rights during police questioning can lead to evidence exclusion.
6. Provocation or Emotional Distress
Can reduce murder charges to manslaughter in certain cases.
7. Negligence vs. Recklessness
Key in dangerous driving or negligence-related offences.
8. Lack of Knowledge or Duress
Acting under threat or misinformation may justify defence.
Why You Need Focused Legal Representation
- Evidence is central (videos, forensics, witness statements)
- The Crown decides charge severity
- Plea negotiations can reduce exposure
- Expected sentencing influences defence and bail strategy
- You need someone who understands the nuances of each charge
Your defence should not be generic — it should be tailored to the charge, your story, and the law.
Real Case Scenarios
Offences against the person are at the heart of criminal law — but your case is unique:
- Domestic Accident Turned Serious – A heated argument led to a slip and significant injury. Framed as assault, my client argued accident and Charter breaches. Charges were downgraded.
- Parking Lot Road Rage – A weapon was alleged. Witnesses, camera footage, and lack of intent led to acquittal.
- Negligent Driving – A serious accident initially led to negligence charges. Expert review reduced the charge to careless driving.
- Attempted Murder Plea – Facing severe charges after a stabbing, we negotiated a plea when intent was unclear. Sentencing avoided life imprisonment.
- Kidnap Claim in Custody Dispute – Allegations of abduction were dismissed after proving consent to travel.
Each case required building facts, dissecting details, and managing court expectations.
The Legal Timeline: What to Expect
1. First Appearance or Bail Hearing
Conditions may include no-contact orders or curfews.
2. Disclosure Review
We receive police files, witness lists, evidence and then challenge inconsistencies.
3. Negotiations with Crown
Potential plea agreements or charge reductions.
4. Pre-Trial Challenges
Charter applications, voir dire hearings, or evidence exclusions.
5. Trial
Jury selection, examination of witnesses, closing arguments.
6. Sentencing
If convicted, we argue on factors like remorse, rehabilitation, and community ties.
FAQ – Offences Against the Person in Brampton
What is the difference between indictable and hybrid charges?
Can a murder charge become manslaughter?
What happens after an aggravated assault charge?
Is intent needed in dangerous driving causing death?
Will children’s rights be handled differently?
What if the police violated my rights?
Can I clear my record later?
How long does a case take?
How do I avoid jail time?
Let’s Build Your Defence—Now
If you’re facing any offence against the person in Brampton or Peel Region, time is critical. Early action preserves evidence, strengthens defences, and shapes case strategy.
FAQ: Domestic Assault Charges in Ontario
Why Choose Gary Batasar
- Expertise : I am a lawyer that strives on getting results for clients, not increasing the volume or paying commissions to other lawyers who are doing cases on my behalf;
- Client-Centered Approach : He prioritizes the young person’s needs and provide full transparency throughout the legal process.
- Comprehensive Defense : Gary Batasar works closely with you to develop the best possible defense strategy.