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As a Toronto forcible confinement lawyer, Michael P. Juskey is here to help you avoid jail and a criminal record. Forcible confinement is a serious criminal offence that involves the restriction of the victim’s freedom of movement. This charge is commonly laid in conjunction with other violent offences such as assault and uttering threats. The Criminal Code of Canada sets out the offence in section 279(2):
This provision of the Criminal Code indicates that it is a crime to force another individual to stay in one location through the use of threats, coercion or physical force. Forcible confinement allegations often arise in the domestic violence context. Without video evidence or witnesses other than the complainant, these cases can boil down to the credibility of the complainant. Michael P. Juskey has defended many forcible confinement charges during the resolution phase and at trial. Our office will assist by appearing in court for you and fighting to achieve the best possible result in your case.
Forcible confinement is a hybrid offence. This means the crown attorney has the choice of proceeding by summary conviction or by way of indictment. If the crown proceeds by way of summary conviction the maximum sentence for forcible confinement is a $5,000 fine and/or 18 months in jail (“super-summary” offence). If the crown elects to proceed by indictment the maximum sentence is ten years in a penitentiary.
If you are being investigated for a crime or have been formally charged you need to seek defence counsel immediately. Our office has successfully defended hundreds of criminal cases and will fight the charges to ensure the best possible outcome.