Criminal Harassment Lawyer

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Criminal Harassment Criminal Code s. 264

Toronto Criminal Harassment Lawyer Michael Juskey can help you avoid jail and a criminal record.  Criminal Harassment is a serious criminal offence which is set out in section 264 of the Criminal Code of CanadaThe offence essentially criminalizes unwanted communication and/or contact from another individual and is a charge that is commonly laid during the breakdown of a relationship – be it romance or business.  The charge is also laid in circumstances where a complainant does not wish to establish a relationship with a persistent accused.  Annoying, repetitive behaviour is generally insufficient to attract criminal liability.

The crown attorney must prove beyond a reasonable doubt that the complainant was harassed, and that the accused was aware of this fact (or reckless/wilfully blind).  It’s also very important to mention that the crown attorney must prove that the complainant had fear for his/her safety of the the safety of someone they know, AND that the fear is reasonable in the circumstances.  The Criminal Code of Canada sets out four different types of prohibited conduct which may lead the police to investigate and subsequently lay a Criminal Harassment charge.  Call 416-428-2870 speak with a criminal harassment lawyer now.

What is Criminal Harassment?

The Criminal Code of Canada defines Criminal Harassment as:
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct:
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) 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; or
(d) engaging in threatening conduct directed at the other person or any member of their family.

What is the Punishment for Criminal Harassment?

(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction (maximum $5,000 fine or 6 months in jail).

Michael Juskey is the best lawyer in the GTA hands down. He has helped me a lot , very hardworking , communication with Michael was always there and never felt discouraged in him one bit. Michael is straight to the point and will do everything he can to get your charges withdrawn as he did with mine. I don’t think any other lawyer would of done it , if you are looking for a great lawyer you are in great hands with him!
– C.M.

Recent Successes:

R v M.H.
My client’s charges of Criminal Harassment, Indecent Phone Calls and Mischief to Data were withdrawn in Newmarket court. No criminal record.

R v J.G.
J.G. was charged with assault (x2), uttering death threats and criminal harassment after his ex-girlfriend made a complaint to the police. He adamantly denied the allegations. Our objective was to persuade the crown to withdraw the charges unconditionally otherwise we would be setting a trial date. Given the seriousness of the allegations the crown was reluctant to drop the charges and insisted on a guilty plea. Trial dates were set. Following a 2-day trial, my client was acquitted of all charges as the Judge concluded that the complainant was an incredible witness due to a lengthly cross-examination. No jail. No criminal record. Full vindication.

R v M.T.
My client’s charge of Criminal Harassment was withdrawn after the crown agreed that there was no reasonable prospect of conviction in the case. No jail. No criminal record.

Frequently Asked Questions:

How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What Happens if I get Arrested?
What is a Bail Hearing?
What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work? 

Michael P. Juskey is a Criminal Harassment Lawyer who knows how to get the best results from the Canadian justice system.  If you or a loved one are looking for a criminal lawyer call 416-428-2760 now for a free consultation.

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