Best Domestic Assault Lawyer in Burlington

Domestic violence and domestic assault includes any behavior used to assert control over somebody in your household. Victims of domestic abuse can include spouses, domestic partners, girlfriends or boyfriends, and family members. While most people think of physical violence when they think of domestic assault in Canada, the crime can also include aggressive behavior such as stalking. Everybody should know how to identify domestic violence and what steps they can take to end it.

Domestic Violence as a Form of Control

Regardless of its form, all domestic violence is harmful behavior designed to control an intimate partner or family member. This often includes physical abuse, but can also include coercion, threats, sexual abuse, and economic abuse. An abuser does not set out to commit felony domestic assault, but rather identifies the method that most effectively allows control over another individual. Domestic violence and assault in a physical manner often works because it keeps the other person from retaliating or speaking out for fear of more pain. Emotional or sexual abuse can cause that same fear. In many cases, the abuser controls the family finances, preventing escape and adding economic abuse to the tactics used by somebody guilt of assault and domestic violence charges.

The Difference between Simple Assault and Domestic Violence

Is a simple assault the same as domestic violence? In many cases, the answer is no. In two similar cases of physical assault, one defendant might face assault charges while the other might need a domestic assault lawyer. The deciding factor in these cases is usually the defendant’s relationship to the victim. A person who faces domestic assault charges in Ontario has allegedly committed an assault against an intimate partner, child, or dependent. Despite the crimes themselves being very similar in terms of execution, individuals who fail to defend against domestic assault charges usually face steeper penalties. In matters of simple assault vs domestic violence, the identity of the victim matters a great deal.

Domestic Violence Procedures

The exact manner in which a domestic assault case proceeds can vary on a case by case basis. Once a victim has filed a complaint with the police, domestic assault in Ontario becomes a matter for the authorities. This means that, per the domestic assault criminal code, the person who initially laid the claim cannot later drop the charges. The ability to dismiss a domestic dispute before it goes to court lies with the Crown Attorney. Domestic assault lawyers can appeal to the Crown Authority to have the case dismissed before a trial occurs, in which case both parties may be questioned before a final determination gets made. In most cases of aggravated domestic assault, however, you can expect the matter to go before court. This means that anybody involved in the case should seek out a domestic violence lawyer for help.

What to Do If You Are Accused of Domestic Violence

Should you be accused of domestic violence, the first and most important thing for you to do is to make sure that you follow the instructions handed out to you by the police. Even if you feel that you are innocent of the accusations laid against you, violated police orders can lead to a more severe domestic assault sentence. You may wish to tell your side of the story. If you do, make sure to write it down and present it to your domestic violence lawyer. When you choose a lawyer to defend you, seek out somebody who has experience in your area and a history of defending people who have been accused of common assault or domestic violence. These steps can help save you when the case goes to court.

Domestic Violence Criminal Penalties

If a court finds you guilty of domestic violence, sexual assault, or a similar crime, you might find yourself facing several different possible sentences. On the lighter end of the spectrum, you might have to pay restitution to the wronged party, which might cover property damage or medical bills for personal injury. If the crime is significant but not severe enough to warrant a jail sentence, you might receive either a suspended sentence or conditional sentence. A suspended sentence means that you remain under terms of probation, and that any violation of that probation could mean actual jail time. A conditional sentence allows you to serve your jail sentence away from prison, such as under house arrest. Finally, the most severe cases might wind up with lengthy jail sentences. In cases of domestic violence and sexual abuse, the jail time often lasts for years, after which terms of probation may apply.

Young Offenders Defense

Definition Of  Youth Offender

Young offenders, according to The Youth Criminal Justice Act, are individuals under 18 facing criminal charges. In Canada, individuals under the age of 12 cannot be convicted of a criminal offense.

Young Offenders Lawyer In Toronto

We have over many years of experience defending youth facing criminal offense charges. We have a great record of success dealing with criminal allegations against young offenders.

The attorneys at Burlington Defence Lawyers have represented youth charged with a wide array of criminal offenses, including:

  • Robbery
  • Assault
  • Sexual assault
  • Assault with a weapon
  • Break and enter
  • Trafficking and possession of narcotics
  • Dangerous driving
  • Theft
  • Fraud
  • Failure to comply with a recognizance or probation order

Our goal is the successful resolution of our clients’ cases without a conviction. We apply our uncompromising defence strategies and extensive experience to ensure that our young clients avoid a criminal record.

We understand the obstacles that young people facing criminal allegations face, and the way that a criminal record may hurt their future.

Our criminal defense lawyers are prepared to use their expertise to defend our youth clients who run into problems with the law, and to pursue every viable option to protect our clients’ interests.

We use our network in Ontario to ensure that individuals facing criminal allegations have all of the support services they require should they face trial.

How to Avoid a Criminal Record as a Young Offender?

A criminal defense lawyer experienced in defending young offenders can help you or your family member avoid a youth criminal record.

The Youth Criminal Justice Act (YCJA) sets out how youth ought to be treated and recognizes a number of principles that distinguishes them from the prosecution of adult offenders.

Burlington Criminal Lawyers, Barrister we understand that in recognition of young offenders psychological vulnerability, criminal trials involving youth are expected to be resolved as swiftly, without incurring a significant delay.

The YJCA also acknowledges that youth are not to be treated as morally responsible as adults, and thus is more focused on rehabilitation than punishment.

For this reason, it enlists community organizations, parents and guardians to help young offenders get back on track.
These principles are also reflected in the sentencing of young offenders. In most cases, the YCJA encourages the informal resolution of cases unless a serious crime has been committed.

Often youth matters will be resolved through community service, counselling or educational programs. Our Criminal Lawyers works towards these kinds of resolutions for youth, even those charged with violent crimes.

The YCJA also affords youth special rights and legal protections. For instance, all of the statements made by young offenders are protected under the YJCA to ensure that they are made voluntarily.

Often, a young person or guardian is forced to admit guilt or wrongdoing as a condition for receiving a more lenient sanction.
Parents, guardians, and youth must be vigilant in any scenario involving the admission of guilt, especially when it is made in exchange for less severe punishment.

The promise of extrajudicial sanctions and reduced sentence should under no circumstances be leveraged to pressure a young person in a guilty plea to an offense they did not commit.

Under the YCJA, if a young person is denied legal aid, they may be able to obtain a court order for a Legal Aid certificate to hire a lawyer to defend them.

Finally, the YCJA is not just focused on accountability, it also emphasizes rehabilitation and reintegration into society.
This means that the YCJA seeks to address the underlying behavior, pre-existing conditions or circumstances that led to the offense in the first place.

Community agencies, schools and parents often play a part in such rehabilitation.
Youth offenders also have the right to counsel and Criminal Lawyers, Barrister can best ensure that their rights are protected.

Bail For Young Offenders In Toronto

Young offenders are presumed to be eligible for bail in all but a few exceptional cases. In more serious cases, after being arrested of a criminal offense and arrested by the police, the youth accused may be held for a bail hearing.

Burlington Criminal Lawyers we can best ensure that the youth accused is released from custody at their bail hearing and on the least restrictive terms possible.

DUI Charges and Penalties

All states have laws prohibiting driving under the influence (DUI)—also called “DWI” (driving while intoxicated), “OUI” (operating under the influence), and “OWI” (operating while impaired)—of drugs and alcohol. Here are the basics on how the crime is defined and some of the possible penalties for a DUI conviction.

Determining Intoxication

DUI laws are aimed at preventing motorists from getting behind the wheel in an impaired state. And law enforcement officers in every state use similar tools to enforce DUI laws and detect impairment—things like DUI checkpoints, field sobriety tests (FSTs), breathalyzers, and blood tests. But when it comes to how impairment is defined, there are commonalities and differences among the states.

Drugs and Alcohol

Generally, DUI laws apply whether the driver’s impairment was due to alcohol or some other substance. So, you can be charged with DUI for driving while under the influence of alcohol, drugs, or a combination of the two. And it typically doesn’t matter if the drug ingested was illegal, over-the-counter medication, or prescribed by a doctor—if the motorist was impaired, lawful use generally isn’t a defense to DUI charges.

“Per Se” Intoxication

All states have “per se” DUI laws. Generally, these laws make it illegal to drive with a blood alcohol concentration (BAC) of .08% or more. (But how many drinks it takes to hit the legal limit varies depending on a number factors.) The only exception being Utah, which currently has a per se limit of .05%.

Some states also have drug per se DUI laws. In states that have these laws, motorists can be convicted of DUI for having a certain amount of drugs their bodies. Per se drug DUI laws typically apply only to illegal drug use. So, if you have a prescription for a medication, you can be convicted of DUI only if you’re actually impaired.

Impairment

DUI laws in every jurisdiction also prohibit driving while impaired by alcohol, drugs, or other intoxicating substances. However, impairment DUI laws differ in how they define impairment. In some states, a driver is considered impaired if affected even to the slightest degree by drugs or alcohol. But in other states, the alcohol or drugs ingested must have a substantial effect for the motorist to be guilty of DUI.

Penalties

Depending on the circumstances, a DUI can be either a misdemeanor or felony—meaning the potential penalties will differ significantly based on the facts of the case. Penalties will also differ depending on the state in which the crime is charged. Nevertheless, DUI convictions will typically bring one or more of the following penalties.

  • Prison or jail. It’s very common for someone convicted of a DUI to have to serve at least some time in jail. Misdemeanor charges generally can result in up to a year in jail, while a year or more in the state prison is possible for anyone convicted of a felony DUI.
  • Fines. In addition to incarceration, someone convicted of DUI will also likely have to pay a fine. Fine amounts differ widely, ranging from a few hundred dollars for first-time misdemeanor convictions to up to $10,000 or more for a felony conviction.
  • Probation. In many DUI cases, the judge sentences the offender to complete a term of probation. Probation usually lasts at least 12 months, but terms of probation of up to three years or more are also possible. While on probation you must agree to abide by a range of court required conditions. If you fail to meet these obligations, the court can impose additional penalties. Probation conditions differ but might involve meeting regularly with a probation officer, agreeing to submit to random drug and alcohol testing, completing a substance abuse program, and not committing crimes or drunk driving offenses during probation.
  • License suspension. A DUI arrest—even if you’re never convicted in criminal court—often leads to an administrative license suspension from the Department of Motor Vehicles (DMV). Depending on the circumstances, administrative suspensions typically range from three months to several years. And if you are ultimately convicted of DUI in court, the judge will likely impose a license suspension of about the same length. However, the suspensions are often allowed to overlap—meaning the motorist doesn’t have to complete the cumulative total of the two suspensions. Some states also allow motorists to apply for a “restricted” or “hardship” license to drive to and from places like work and school during the suspension period.

DUI Laws by State

Each state has its own specific laws and penalties for driving under the influence. Learn more about the DUI laws in your state at DrivingLaws.org.

Obtain Legal Advice From a Local Attorney

Even though DUI charges are fairly common in any jurisdiction, these crimes can be very complicated and involve questions about evidence, procedure, and legal precedent. Because each state has a slightly different DUI law, anyone charged with this crime needs to speak to a local criminal defense attorney. These lawyers will not only be experienced with the relevant laws but will also have experience with area courts, prosecutors, as well as the procedures local police use when investigating DUI crimes. You need to speak to a local defense attorney as soon as you are charged with any DUI crime. If you delay, even a short amount of time, this can seriously affect your case and your ability to defend against the charges.

Drug addiction (substance use disorder)

Drug addiction, also called substance use disorder, is a disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication. Substances such as alcohol, marijuana and nicotine also are considered drugs. When you’re addicted, you may continue using the drug despite the harm it causes.

Drug addiction can start with experimental use of a recreational drug in social situations, and, for some people, the drug use becomes more frequent. For others, particularly with opioids, drug addiction begins with exposure to prescribed medications, or receiving medications from a friend or relative who has been prescribed the medication.

The risk of addiction and how fast you become addicted varies by drug. Some drugs, such as opioid painkillers, have a higher risk and cause addiction more quickly than others.

As time passes, you may need larger doses of the drug to get high. Soon you may need the drug just to feel good. As your drug use increases, you may find that it’s increasingly difficult to go without the drug. Attempts to stop drug use may cause intense cravings and make you feel physically ill (withdrawal symptoms).

You may need help from your doctor, family, friends, support groups or an organized treatment program to overcome your drug addiction and stay drug-free.

Symptoms

Drug addiction symptoms or behaviors include, among others:

  • Feeling that you have to use the drug regularly — daily or even several times a day
  • Having intense urges for the drug that block out any other thoughts
  • Over time, needing more of the drug to get the same effect
  • Taking larger amounts of the drug over a longer period of time than you intended
  • Making certain that you maintain a supply of the drug
  • Spending money on the drug, even though you can’t afford it
  • Not meeting obligations and work responsibilities, or cutting back on social or recreational activities because of drug use
  • Continuing to use the drug, even though you know it’s causing problems in your life or causing you physical or psychological harm
  • Doing things to get the drug that you normally wouldn’t do, such as stealing
  • Driving or doing other risky activities when you’re under the influence of the drug
  • Spending a good deal of time getting the drug, using the drug or recovering from the effects of the drug
  • Failing in your attempts to stop using the drug
  • Experiencing withdrawal symptoms when you attempt to stop taking the drug

Recognizing unhealthy drug use in family members

Sometimes it’s difficult to distinguish normal teenage moodiness or angst from signs of drug use. Possible indications that your teenager or other family member is using drugs include:

  • Problems at school or work — frequently missing school or work, a sudden disinterest in school activities or work, or a drop in grades or work performance
  • Physical health issues — lack of energy and motivation, weight loss or gain, or red eyes
  • Neglected appearance — lack of interest in clothing, grooming or looks
  • Changes in behavior — exaggerated efforts to bar family members from entering his or her room or being secretive about where he or she goes with friends; or drastic changes in behavior and in relationships with family and friends
  • Money issues — sudden requests for money without a reasonable explanation; or your discovery that money is missing or has been stolen or that items have disappeared from your home, indicating maybe they’re being sold to support drug use

Recognizing signs of drug use or intoxication

Signs and symptoms of drug use or intoxication may vary, depending on the type of drug. Below you’ll find several examples.

Marijuana, hashish and other cannabis-containing substances

People use cannabis by smoking, eating or inhaling a vaporized form of the drug. Cannabis often precedes or is used along with other substances, such as alcohol or illegal drugs, and is often the first drug tried.

FACTORS TO CONSIDER WHEN BUYING A FIREARM

One of the most lucrative business in Ontario today is the firearms businessNot only because Americans have always been obsessed with guns but because with this business you know you will have returning customers. People who buy firearms also need ammo and other gun parts or materials, so they will return to your gun store if you treat them as professionally as possible (true merchant).

In order to acquire a firearms license (also called FFL), that is the license to buy and sell guns, you need to file your application to the United States Department of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives (also called ATF).

After you submit your FFL application it might take 6-7 weeks before your application is reviewed and processed by the ATF. If everything goes according to plan and all the requirements are met, then your application will be accepted and stored.

Finally you will be issued your firearms license and you are ready to buy and sell guns from then on. The basic license costs around $200 for the first 3 years as of writing this (pretty cheap). Then it’s around $100 for every 3 years.

Researching brands and prices can be very long and tedious. In general, the more you spend, the more the gun is worth, the more proven it is, the higher quality. Usually again, these are the manufacturers that perform more “tests” on their firearms which equates to a slightly higher price. They are going to go that extra little bit without cutting as many corners. They are going to use more expensive materials. One other decent reason to not worry so much about the higher expense, is that they hold their value really, really well. Of course, value also depends on what you have on the gun, night sights, finishes, grips, etc…

The first thing to keep in mind when shopping for a firearms is, no matter what anyone tries to sell you, the truth is… it is what YOU like, not what the dealer wants to get rid of because it has been in inventory too long. It is not what your colleague, acquaintance, or friend thinks is awesome. It is what you feel ergonomically comfortable, the size and caliber are for your needs, the action is what you want, and the look is great as observed by you. Ultimately, you are going to use, keep, and know your firearm. Make sure it is one YOU want. Learn it and use it. Get good at shooting it on a regular basis.

Alright, let’s get down to actual guide of purchase. There is no “set” way of what to do first, but there are important factors to consider. So many in fact that is really comes down to eliminating. The way I feel may be the best way to represent purchasing a firearm is to offer how I would select one. You can by all means choose a different order, but keep some of the factors in mind. The main factors are: manufacturer, action, caliber, ergonomics, safeties, and eye appeal. First and foremost of course is to figure out what your needs are. Are you going for concealed, open carry, short range, long range, competition, target, cowboy, personal defense? etc…

Domestic Assault Lawyer in Burlington

Domestic violence and domestic assault includes any behavior used to assert control over somebody in your household. Victims of domestic abuse can include spouses, domestic partners, girlfriends or boyfriends, and family members. While most people think of physical violence when they think of domestic assault in Canada, the crime can also include aggressive behavior such as stalking. Everybody should know how to identify domestic violence and what steps they can take to end it.

Domestic Violence as a Form of Control

Regardless of its form, all domestic violence is harmful behavior designed to control an intimate partner or family member. This often includes physical abuse, but can also include coercion, threats, sexual abuse, and economic abuse. An abuser does not set out to commit felony domestic assault, but rather identifies the method that most effectively allows control over another individual. Domestic violence and assault in a physical manner often works because it keeps the other person from retaliating or speaking out for fear of more pain. Emotional or sexual abuse can cause that same fear. In many cases, the abuser controls the family finances, preventing escape and adding economic abuse to the tactics used by somebody guilt of assault and domestic violence charges.

The Difference between Simple Assault and Domestic Violence

Is a simple assault the same as domestic violence? In many cases, the answer is no. In two similar cases of physical assault, one defendant might face assault charges while the other might need a domestic assault lawyer. The deciding factor in these cases is usually the defendant’s relationship to the victim. A person who faces domestic assault charges in Ontario has allegedly committed an assault against an intimate partner, child, or dependent. Despite the crimes themselves being very similar in terms of execution, individuals who fail to defend against domestic assault charges usually face steeper penalties. In matters of simple assault vs domestic violence, the identity of the victim matters a great deal.

Domestic Violence Procedures

The exact manner in which a domestic assault case proceeds can vary on a case by case basis. Once a victim has filed a complaint with the police, domestic assault in Ontario becomes a matter for the authorities. This means that, per the domestic assault criminal code, the person who initially laid the claim cannot later drop the charges. The ability to dismiss a domestic dispute before it goes to court lies with the Crown Attorney. Domestic assault lawyers can appeal to the Crown Authority to have the case dismissed before a trial occurs, in which case both parties may be questioned before a final determination gets made. In most cases of aggravated domestic assault, however, you can expect the matter to go before court. This means that anybody involved in the case should seek out a domestic violence lawyer for help.

What to Do If You Are Accused of Domestic Violence

Should you be accused of domestic violence, the first and most important thing for you to do is to make sure that you follow the instructions handed out to you by the police. Even if you feel that you are innocent of the accusations laid against you, violated police orders can lead to a more severe domestic assault sentence. You may wish to tell your side of the story. If you do, make sure to write it down and present it to your domestic violence lawyer. When you choose a lawyer to defend you, seek out somebody who has experience in your area and a history of defending people who have been accused of common assault or domestic violence. These steps can help save you when the case goes to court.

Domestic Violence Criminal Penalties

If a court finds you guilty of domestic violence, sexual assault, or a similar crime, you might find yourself facing several different possible sentences. On the lighter end of the spectrum, you might have to pay restitution to the wronged party, which might cover property damage or medical bills for personal injury. If the crime is significant but not severe enough to warrant a jail sentence, you might receive either a suspended sentence or conditional sentence. A suspended sentence means that you remain under terms of probation, and that any violation of that probation could mean actual jail time. A conditional sentence allows you to serve your jail sentence away from prison, such as under house arrest. Finally, the most severe cases might wind up with lengthy jail sentences. In cases of domestic violence and sexual abuse, the jail time often lasts for years, after which terms of probation may apply.

The Differences Between Theft and Robbery

The crimes of theft and robbery can easily be confused because both involve taking someone else’s money or property. However, while theft and robbery share some characteristics, the offenses are quite different.

Robbery differs from theft primarily in that it involves force or intimidation to take property from another person. It is the use of force that makes robbery, in most cases, the more serious crime.

Definition of Theft

Theft”—called “larceny” in some states—is a broad term that can cover a wide variety of criminal offenses. For example, shoplifting and stealing a motorcycle are both forms of theft.

The typical elements of theft are a person:

  • taking someone’s money or personal property without permission
  • carrying the property away, and
  • intending to keep the property permanently.

Victim need not be present. Someone can commit theft even by taking unattended property. A couple examples are taking cash left on a restaurant table and stealing a parked car.

Other forms of theft. While most people associate theft with taking property, the crime can also involve the stealing of services. For instance, depending on the relevant law, theft can occur where someone doesn’t pay for but uses:

  • cable, cellphone, or electricity services
  • hotel or restaurant accommodations, or
  • public transportation.

Importantly, many states—as well as the federal government—have passed laws specifically criminalizing identity theft.

Other common types of theft include fraud and embezzlement.

Definition of Robbery

Like theft, robbery involves taking money or property without permission. However, the crime of robbery also involves force or the threat of force. The typical elements of robbery are someone taking money or property:

  • with the intent to keep the property permanently
  • without the property owner’s consent
  • by the use of force or intimidation.

Victim must be present. Robbery, unlike theft, entails taking property directly from a person. For instance, suppose two men armed with guns enter a bank, demand money from a teller, and flee with the cash. Because they had intent to steal, used the threat of force, and took money directly from a person, the two men have committed robbery.

Penalties for Theft

In many states theft (or larceny) can be either a felony or a misdemeanor, depending on the value of the stolen property. For example, in Nevada, theft is a misdemeanor if the property is valued at less than $650 and a felony if the value is $650 or more. (Nev. Rev. Stat. Ann. § 205.0835 (2016).)

Theft convictions carry a range of potential punishments, and the range varies depending on the state. For instance, in Nevada, a felony theft conviction can result in up to ten years in prison and a fine of as much as $10,000. A misdemeanor conviction in that state carries the possibility of six months’ jail time and a fine of up to $1,000. (Nev. Rev. Stat. Ann. § § 193.130, 193.150, 205.0835 (2016).)

Penalties for Robbery

Because robbery involves force, it is often considered a more serious crime than theft. In most cases, robbery is a felony, and a conviction can result in significant prison time, especially if a weapon was involved. For example, Georgia’s robbery statute provides that the crime is punishable by up to 20 years in prison. However, an armed robbery conviction in that state can lead to a sentence of up to 20 years in prison, life imprisonment, or even capital punishment. (Ga. Code Ann. § § 16-8-40, 16-8-41 (2016).)

Legal Help

The elements of crimes and their potential punishments can vary from state to state. For more on the differences between theft and robbery, or to learn about the laws in your area, consult an experienced criminal defense lawyer in Burlington.

What type of crime is manslaughter?

Consider the following scenario: Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit. If Dan had killed Victor in a “heat of passion” at the time he discovered the affair, then he could be charged with voluntary manslaughter. However, Dan instead accidentally hit and killed a pedestrian while driving recklessly and intoxicated — and is now being charged with involuntary manslaughter.

Involuntary manslaughter usually refers to an unintentional killing that results from criminal negligence or recklessness, or from committing an offense such as a DUI. It differs from voluntary manslaughter in that the victim’s death is unintended. The following is an overview of involuntary manslaughter and how it differs from voluntary manslaughter.

Involuntary Manslaughter: The Basics

Charges of involuntary manslaughter (sometimes called “criminally negligent homicide”) often come in the wake of a deadly car crash caused by a motorist under the influence of alcohol or drugs. While the motorist never intended to kill anyone, his or her negligence in operating a vehicle while impaired is enough to meet the requirements of the charge. Some states recognize a separate class of manslaughter called vehicular manslaughter.

Involuntary manslaughter does not have to involve motor vehicles. For example, if the operator of a dangerous carnival ride fails to ensure that all passengers are strapped in and people die as a result, the operator could be prosecuted for involuntary manslaughter. A building manager who recklessly neglects to install smoke detectors before the occurrence of a deadly fire might be charged with involuntary manslaughter, too.

Involuntary manslaughter is punished less severely than other forms of homicide but still is a serious crime. Under Pennsylvania law, for example, involuntary manslaughter is charged as a first degree misdemeanor. This carries a penalty of imprisonment for up to five years; but if the act is committed by the caretaker of a child under 12, it’s charged as a second degree felony (with a possible prison sentence of up to 10 years upon conviction).

Voluntary vs. Involuntary Manslaughter

While both are called manslaughter, they are extremely different. Voluntary manslaughter usually involves a killing in the heat of the moment. For instance, if Adam impulsively grabs a fire iron and fatally clobbers Bill during a sudden quarrel, the offense would likely be voluntary manslaughter. The idea is that if Adam is driven by the “heat of passion,” it lessens the moral blame, so he shouldn’t be charged with murder, even in the second degree.

In contrast, involuntary manslaughter concerns accidental deaths, such as traffic fatalities caused by impaired drivers. Also, it’s generally considered murder, not manslaughter, to kill someone unintentionally while committing a robbery, kidnapping, or other “inherently dangerous” felony.

An example would be robbers attempting to flee from the scene of a crime who run over a pedestrian while being pursued by police officers in a high-speed chase. Even though the pedestrian’s death was accidental, it would likely be charged as murder because it occurred in connection with a robbery. However, most blameworthy unintentional killings are involuntary manslaughter.

Get Legal Help with Your Involuntary Manslaughter Case

If you’re facing criminal charges, don’t waste a moment before speaking with an experienced attorney who knows the ropes and will protect your legal rights and help you establish a defense. An experienced attorney will know how to challenge the prosecution, negotiate for a plea deal, and work toward the best possible outcome. Contact a qualified criminal defense lawyer near you today.

Burlington Impaired Driving Attorney

WHAT TO DO IF YOUR FACING IMPAIRED DRIVING CHARGES IN BURLINGTON

Getting arrested for impaired driving charges is a frightening experience, especially for first-time offenders. Failing to act immediately can result in you losing your case at trial and you might be subjected to the maximum punishment for your impaired driving charges.It is always advisable to contact an experienced impaired driving lawyer when one is in such a situation. Speed is of essence if a good defence on behalf of the accused is to be planned. We employ a team of investigators that gather evidence first-hand to evaluate whether the charter rights of the accused have been honored. Our defence lies on utilizing this evidence at trial as well as cross examinating the Crown witnesses.

This area of law is complicated and requires knowledgeable and experienced counsel.

The penalties become more severe for subsequent offences including mandatory jail time. It is in your best interest to get legal representation.

Penalty for Refusing to provide a sample

Many of the penalties associated with refusing to provide a sample are the same as they are for impaired driving, and can be found under section 255 of the Criminal Code. See the criminal  code penalty chart

For a first conviction, the mandatory minimum penalty for refusing to provide a sample or impaired driving is a $1,000 fine. If you receive a second conviction for either refusing to provide a sample or impaired driving, there is a mandatory minimum penalty of 30 days in jail, and a further mandatory minimum of 120 days in jail for each subsequent offence. The maximum penalty for refusing to provide a sample is 18 months in jail upon summary conviction, and a maximum of 5 years in jail where the offence is prosecuted by indictment. Where a person is convicted of refusing to provide a sample, and where the operation of the motor vehicle caused an accident resulting in bodily harm or death to another person, the maximum penalty is life imprisonment.

 Impaired Driving charge

THE LAWS CONSTITUTING IMPAIRED DRIVING CHARGES IN BURLINGTON, ON

Impaired Driving Charges are centered around Section 253 (1) which states that everyone commits an offence who operates a motor vehicle or vessel; or operates or assists in the operation of an aircraft or railway equipment; or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.However, for an experienced impaired driving attorney in Burlington, ON he/she will find all the necessary information to get you off the impaired driving charges. All you need is to do is contact Burlington DUI Lawyer today.

Extensive Trial Experience

When it comes to choosing the right lawyer for your case the task can be intimidating due to the vast number of attorneys out there. We believe that our experience and professionalism stands for itself. We have a proven capability of obtaining successful outcomes for those facing criminal charges. Our lawyers are well known in the Hamilton court system, which proves an advantage to our clients as our professionals know the system inside and out.

We have experience assisting clients no matter what charges they face, from arrests to bail hearings to trails, appeals, 524 applications, judicial pre trials and more. our attorneys have a proven track record of getting criminal charges withdrawn, whether through diversion or alternative measures programs.

Because criminal charges are serious our clients have trusted us to obtain their freedom. Let us secure your rights as well. When it comes to criminal charges we know that you need the best possible defence. As one of Hamilton’s top law firms we have the expertise to get you through this turbulent time. Let us help you put these charges behind you.

We provide expert representation and support for you during the entirety of your legal process. With years of criminal law experience, our attorneys walk with you every step of the way, getting you the best possible results.

When Do You Need a Lawyer for a DUI/DWI Charge?

Driving under the influence is considered a crime in every state. So, DUI charges are handled in criminal court. You have a right to represent yourself in criminal court. But most defendants either hire a private lawyer or are represented by a public defender appointed by the court.

This article goes through some of the factors you might want to consider before deciding what kind of legal representation is best for you.

Getting a Lawyer’s Opinion About Your Case

It’s difficult for someone with no legal experience or training to assess the strengths and weaknesses of a DUI case. DUI law is complicated and constantly changing, and the facts of every case are unique. So, getting the opinion of an experienced DUI lawyer can be valuable.

Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it’s likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time. It might also help to bring a list of questions you want to get answered.

You don’t have to hire an attorney you consult with. But meeting face-to-face is a good way to gauge whether things could work out with an attorney you’re thinking of hiring.

Public Defenders

Generally, all criminal defendants have the right to an attorney. If you can’t afford to hire your own lawyer, the court will appoint one for you. Appointed attorneys are normally from a public defender’s office.

Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies—knowledge that can be beneficial for plea bargaining. Public defenders also tend to have good trial skills because they take a lot of cases to trial.

However, being represented by a public defender has its downsides. Public defenders have large caseloads. So, some defendants feel like they and their case don’t get enough attention. And you don’t get to choose your public defender—you get who you get. Public defender representation is also limited to criminal court. A DUI arrest normally leads to two separate proceedings: “administrative per se” proceedings with the Department of Motor Vehicles (DMV) and a criminal court case. Generally, defendants who have a public defender will have to deal with the DMV proceedings on their own.

Private Lawyers

When you hire a private DUI lawyer, it’s typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.

Most defendants see the price as the major drawback with private lawyers. Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won’t get you a more favorable outcome than had you gone with the public defender.)

However, hiring a private DUI attorney (assuming you can afford one) can be well worth it. Of course, when you’re retaining an attorney, you get to decide who that attorney will be. Attorneys who specialize in DUI cases often have an in-depth understanding of DUI law and defenses that other attorneys don’t have. In some cases, this expertise can lead to more satisfactory results—perhaps, a better plea bargain or dismissal of the charges altogether.

Having a private lawyer can also minimize the time you have to spend in court. In some areas, public defender clients must personally appear for all court dates. With private counsel, on the other hand, you usually won’t have to be present for routine court appearances. For many people, especially busy professionals, not having to miss work to come to court is a significant perk.

Another benefit of hiring an attorney is you’ll typically get more one-on-time than you would with a public lawyer. Most people feel more comfortable with their case when they get all their questions answered and concerns addressed.