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.

White collar crime refers to non-violent crimes committed through deceptive practices, for the purpose of financial gain. Typically, white collar crimes are committed by business people who are able to access large amounts of money, though the term is sometimes applied to others who pilfer monies in other circumstances. White collar crimes are non-violent, and are committed by a broad range of activities, such as insider trading. To explore this concept, consider the following white collar crime definition.

What is a White Collar Crime

White collar crimes are financially motivated crimes committed by individuals, businesses, and government entities. The actual term “white collar crime” was coined by Edwin Sutherland, Professor of Sociology, 29th President American Sociological Society. Sutherland described such crimes as “a crime committed by a person of respectability and high social status in the course of his occupation.”

White collar crimes cover a wide range of activities, but generally, the crimes are committed by people who are involved in otherwise lawful businesses. The perpetrators often hold respectable positions in their communities or businesses, until their illegal activities discovered. The laws concerning white collar crimes vary, depending on the exact nature of the crimes committed, though many fall under federal authority.

Common Types of White Collar Crime

The term white collar crime covers a wide array of crimes, but they all involve crimes committed through deceit for the purpose of gaining money or other assets. The most common types of white collar crime include fraud, insider trading, and bribery. White collar crimes can often be difficult to prosecute, as the perpetrators take sophisticated steps to ensure their illegal activities are difficult to detect. The most common types of white collar crime are explained below.

Fraud

Fraud is committed by misrepresenting facts in order to gain something in return. The crime of fraud requires four elements:

• The perpetrator made a statement of fact that he knew to be false
• The perpetrator intentionally made the false statement
• The victim believed the statement to be true, relied on the statement, and lost something of value, based on his belief

Example of Fraud

Joseph responded to an ad about an apartment for rent. He met with the supposed landlord, toured the apartment, and agreed to rent the apartment by signing a lease. Joseph paid the security deposit and first month’s rent up front. The next week, Joseph went to the apartment to pick up the key, and learned that someone else actually occupied the residence.

After doing some investigation, Joseph learned that the apartment was not for rent at all, but that the man he met with and gave the money to was not the property owner. In this example of white collar crime, the man who posed as the owner to swindle money out of a prospective tenant has committed fraud.

Insider Trading

Insider trading is often considered a type of fraud, though many people are surprised to learn that not all insider trading is illegal. Insider trading is against the law if a securities transaction, which is the sale or purchase of stocks, is engaged in by a person, or small group of people, inside the company, who have special knowledge not available to others.

Bribery

Bribery is committed when a person uses something of value to tempt or influence someone to act in a specific way, to make certain decisions, or to express certain opinions. This is most commonly seen in one person offering to pay money to another person, who is in a position of authority, for the purpose of persuading him to do something, or to refrain from doing something. Both offering bribes, and accepting bribes, are considered illegal.

Juvenile delinquency is a sad part of the legal system. When youth start down the wrong path it is imperative that steps are taken to get them back on track. Juvenile delinquents miss important experiences that their crime-free peers will enjoy, such as completing school in a timely manner and other staples of youth.

What leads young people to commit crimes? The most common theories are that youth commit these offenses when they are bored, and especially when they are influenced negatively by peer pressure. Some studies look to influences from their parents and older siblings as possibly influencing youth to perform illegal acts.

No matter the cause, when a youth commits a crime and is punished for it, they suffer. While almost any crime can be committed by someone underage, there are quite a few crimes that stand out as those that are most often the reason a young person is being referred to the juvenile court. These crimes are usually addressed with a service requirement, a fine, or possibly detainment within a juvenile facility.

Law is no exception from the above concepts. If we take a look at the ordinances concerning crimes related to juvenile offenders, we may be easily impressed by the relatively lenient treatments or punishments for these offenders.

So who can be called as a child or young person? And whom the Juvenile Offenders Ordinance will affect? According to Juvenile Offenders Ordinance (Cap. 226 Sec. 2), a “child” means a person who is, in the opinion of the court having cognizance of any case in relation to such person, under the age of 14 years. A “young person” means a person who is 14 years of age or upwards and under the age of 16 years and it is clearly stated that no child under the age of 7 years can be guilty of an offence.

If a young person has violated the law, they will generally be trial in the Juvenile Court; no person shall be present at any sitting of the Juvenile Court except officers or any persons directly related to the case concerned. We can see clearly the juvenile are better protected from other or outside disturbances and any things do are trying to minimize the psychological impacts on them.

There is special separation of children and young persons in police stations, courts and procedure in the Juvenile Courts too. Some restrictions are imposed on the punishments of the children and young persons; for example, no child shall be sentenced to imprisonment or committed to prison in default of payment of a fine, damages, or costs. No young person shall be sentenced to imprisonment if he can be suitably dealt within any other way and even if he should be sentenced to imprisonment, he shall not be allowed to associate with adult prisoners.

INTRODUCTION

Have you ever imagined being accused of murder or manslaughter? It sounds detrimental and a worst crime one can imagine. These type of cases attract the most absurd experiences and painful penalties if found guilty. The suspects are also subjected to serious scrutiny unravelling all the possible impeccable possibilities.

Best Murder and Manslaughter Lawyer in Burlington is among the prolific lawyers with vast experience and knowledge to assists one, if convicted of serious crimes of such magnitude.

WHAT IS HOMICIDE?

Homicide occurs when one person causes the death of another person. There are two types of homicide: “culpable” and “non-culpable”. The law is only concerned with culpable homicide.

Homicide is defined in the Criminal Code as follows:

• Homicide
  • 222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
• Kinds of homicide
  • (2) Homicide is culpable or not culpable.
• Non culpable homicide
  • (3) Homicide that is not culpable is not an offence.
• Culpable homicide
  • (4) Culpable homicide is murder or manslaughter or infanticide.
  • (5) A person commits culpable homicide when he causes the death of a human being,
  • (a) by means of an unlawful act,
  • (b) by criminal negligence,
  • (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death, or
  • (d) by wilfully frightening that human being, in the case of a child or sick person.

WHAT IS THE PENALTY FOR MURDER OR MANSLAUGHTER?

The automatic fate for culprits associated with murder and manslaughter is life imprisonment. The degree of murder does not account or determine the number of years one will spend in jail. Regardless of the situation, usually the minimum years that can be embedded on one’s head are normally 25 years. Conversely, the manslaughter cases may get an exemption if the Criminal Defense Law Firm Burlington is incorporated while seeking justice. Some brutal murder cases can attract execution in some states where the culprits are termed as a curse to the society.

CATEGORIES OF MURDER AND MANSLAUGHTER.

As law practitioners put it, there are several classes of murder depending on the magnitude and the technique used. The first class involves killing using malice and is done deliberately. Burlington lawyers are however cautious when dealing with such cases involving murder with consent. The second class involves killing during the process of anger. This is commonly referred to as manslaughter and is also punishable by law.

The third instance occurs when one uses explosives or sets the victims on fire. For this occurrence, the culprit is charged with terrorism murder which may attract a lifetime penalty without trial. These actions may be done willingly or unwillingly but as for Burlington lawyers they will offer the best advice and try to exonerate the victim from life imprisonment.

WHY YOU SHOULD SEEK SERVICES FROM EXPERIENCED LAW FIRM?

Murder and Manslaughter Lawyer Burlington is one of the most experienced defense attorneys who can be trusted with cases of such magnitude. Sometimes the court may offer impartial judgments and without a robust defense team, one may end up rotting in Jail. In case the court imposes the verdict to face the long-term Jail sentence, the defense counsel will always look for credible ways to contest the verdict and allow their clients seek a free and fair Judgment.

Having dealt with similar cases for a number of years will enable them differentiate whether the situation was murder with consent or manslaughter. We are always up to ensure that both the victims and culprits pursue justice to the fullest.

DUI is an acronym for “driving under the influence.” DWI stands for “driving while intoxicated,” or in some cases, “driving while impaired.” The terms can have different meanings or they can refer to the same offense, depending on the state in which you were pulled over. 

In any case, DUI and DWI both mean that a driver is being charged with a serious offense that risked the health and safety of himself and others. They can apply not only to alcohol and recreational drugs but also to driving when your prescription drugs impair your abilities. It’s also important to understand that one is not worse than the other and that both can have a big effect on your life.

Use of Terms DUI vs. DWI Differ From State to State

Depending on state law, the two terms are both used to describe impaired or drunken driving. Some state laws refer to the offense of drunken driving as a DUI while others call it a DWI.

It gets tricky when states use both terms. Quite often, they will refer one to alcohol and the other to impairment by drugs or an unknown substance and the meaning can flip-flop from state to state. In some states, DWI refers to driving while intoxicated of alcohol with a blood alcohol content (BAC) over the legal limit, while DUI is used when the driver is charged with being under the influence of alcohol or drugs.

In other states where both terms are used, DWI means driving while impaired (by drugs, alcohol, or some unknown substance), while DUI means driving under the influence of alcohol. It’s best to check the definitions of the state you’re in.

OUI and OWI

There are other acronyms for drunk driving. OUI, or “operating under the influence,” is used in only three states: Maine, Massachusetts, and Rhode Island. OWI is an acronym for “operating while intoxicated” which is used in some jurisdictions.

The “operating” distinction encompasses more than just driving the vehicle. Even if the vehicle is stopped and not running, someone can be charged with operating under the influence.

Blood-Alcohol Concentration Isn’t the Only Factor in Determining Impaired Driving

Any of these charges mean the arresting officer has reason to believe the driver is too impaired to continue to drive. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they do not meet the blood alcohol concentration levels for legal intoxication.

For example, if you fail a field sobriety test or otherwise show signs of impairment, you can be charged with driving while impaired even if your blood-alcohol concentration is under the legal limit of 0.08.

Drugged Driving Is Impaired Driving

If you appear to be impaired by the arresting officer, but your breathalyzer test shows that you are not under the influence of alcohol, he may suspect that you have been using drugs and this is impairing your driving ability. These include prescription and nonprescription medications in addition to illegal drugs. The officer can call a Drug Recognition Expert (DRE) to the scene—or he may be one himself—to perform a series of tests.

If the DRE officer’s multi-step evaluation process determines that you are indeed under the influence of drugs, you can be charged with DWI or DUI. The charge depends on what the state calls the offense of drugged driving.

Taking prescription or nonprescription medications can impair your driving ability. You are at risk of drugged driving charges even when you have not had a sip of alcohol.

Consequences of an Impaired Driving Arrest

No matter what the offense is called in your jurisdiction, if you are arrested for impaired driving, you will be facing serious consequences.

If you are convicted or plead guilty, you will probably lose your driver’s license and pay fines and court fees. For a second offense, you may spend some time in jail. It is also likely that you will be placed on probation and be required to perform community service. To get your driver’s license back, you will probably have to attend defensive driving classes.

In most states, you will probably undergo an evaluation of your drinking or substance use patterns as well. Based on the results of that evaluation, you may have to take part in a drug or alcohol treatment program. That program could range from attending a few support group meetings like Alcoholics Anonymous to entering a residential treatment facility.

The Gun and Gang Task Force of Toronto Police Service has made numerous arrests on various types of charges. Usually, the accusations are quite serious and may disrupt the whole life of the accused and his whole family. It is important to seek legal advice and representation without any kind of delay. Guns & Gangs Lawyer Burlington is available to assist you professionally in every way possible.

With a skilled criminal attorney to represent you, you will have the highest chances of reaching the desired outcome. All of the professionals on our team have great experience in litigating gun and gang cases involving weapon possession, drug trafficking and importation, robbery and other types of charges. In the past, we have achieved superb results for our client and we are more than proud of our accomplishments. In order to keep up the good work and to improve it even further, we follow, study and analyze all relevant cases and keep up with the latest developments in this legal field. This gives us the ability to respond adequately to any request for assistance right away.

With us, you will receive full legal assistance and personal support at all times. Our whole team will be able to help you with any thing you need. When you want to ask a question or simply need confidence boost, you should feel free to talk to us. In general, you should expect to work closely with your lawyer for your preparation to appear in court. Our service involves representation at all stages of the legal process starting with the bail hearing. Your counselor will employ a full set of techniques to give you the highest chances of release on bail. You can use our services with confidence on appeal as well.

With a specially tailored strategy at hand and strong determination, your Guns & Gangs Lawyer Burlington will pursue the set goal throughout the trial. Expect masterful performance at all times. All legal tools for achieving the desired outcome will be employed. The risk of unexpected challenges will be reduced to the minimum thanks to the meticulous advance preparation. Still, if an obstacle comes up it will be overcome as quickly and effectively as possible. You can rely completely on the expertise, skills and relentless work of your lawyer.

Strong Skills and Expert Knowledge

When you need legal defence, you would want to hire a professional who is excellently prepared for the job. This is what you will receive with Burlington Criminal Lawyer. Each one of our lawyers has litigated a diverse set of cases over the years. This has helped our whole team to accumulate a huge amount of practical experience. When this is added to our expert knowledge, we become invincible. Our winning percentage is very high and this is the reason why our firm is a top choice for people accused of various offences such as firearm possession, fraud and drug trafficking. Another major factor for our success is our dedication to each case. Our lawyers fight the rights of clients with strong determination for success.

Effective Strategy

The work starts as soon as you get in touch with us. You will receive full legal advice in the first place. Our attorney will explain the charges that you face under the Criminal Code of Canada, present your options and answer all of your questions. This will help you to make the right decision regarding the defence of your case. If you hire us, we will start working immediately.

The first task of your lawyer will be to examine your case in great detail. Thorough expert investigation is the foundation for solid defence. At this point, the professional may find grounds for the dismissal of the charges pressed against you. In this case, you may not go to trial at all. That is why it is important to work with the right counselor.

With Burlington Criminal Lawyer, you will receive legal representation at your bail hearing and throughout the whole trial. If there is an appeal, your counselor will handle it as well. You will be in good hands all the time. Your lawyer will build a strong strategy for your defence in advance and apply it with the help of the best legal instruments available. Expect the professional to fight resolutely with great eagerness for victory.

Prosecutors aggressively pursue weapon and gun crime charges. If you have been arrested or accused of committing a crime involving a weapon or firearm, it is important to get experienced legal counsel to protect your legal rights. We use this knowledge to defend clients who are facing weapon and gun crime charges. We handle a wide range of weapons cases, including defence against charges of:

• Being in possession of a firearm
• Unlawfully discharging a firearm
• Carrying an illegal and loaded firearm inside a vehicle
• Unlawful sale of a firearm
• Possession or sale of other illegal weapons such as switchblade knives, brass knuckles and martial arts weapons

What is a Weapon?

The term “weapon” is defined in section 2 of the Criminal Code as follows:

“weapon” means anything used, designed to be used or intended for use

(a) in causing death or injury to any person, or

(b) for the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes a firearm;

Whether or not an object will be considered to be a weapon by the Court may depend upon the design, or intended use of the object. Weapons might include: knives, baseball bats, and broken beer bottles. The Courts have also found unloaded BB guns to be weapons in certain circumstances. Because it is necessary to examine the intended use of an object, things that would not ordinary be considered a weapon, such as a chair, might become one if it is used to injure someone.

What are Prohibited or Restricted Firearms and Weapons?

The Criminal Code uses different language address both weapons and firearms. The Criminal Code addresses:

• • Prohibited Firearms
• • Restricted Firearms
• • Prohibited Weapons
• • Restricted Weapons

Prohibited firearms consist of handguns of certain barrel lengths, as well as those that are prescribed as prohibited firearms in the regulations. The detailed regulations under the Criminal Code list various types of handguns and automatic weapons.

Restricted firearms include all handguns that are not overtly prohibited (often used at sport shooting competitions and clubs), certain guns with specified barrel lengths, and also a list of guns listed as restricted firearms in the regulations.

Under the Criminal Code, weapons are to be distinguished from firearms.

Restricted weapons consists of any weapon, other than a firearm that is prescribed as such.Prohibited weapons include knives that have blades that open automatically, by way of a spring etc. (switch blades), as well as any weapons that are specifically prescribed as being a prohibited weapon.It is illegal in Canada to possess a weapon for any purpose deemed dangerous to the public’s peace.

As with any criminal offence, the penalties upon conviction of a weapons offence depend heavily on the circumstances and presence of any aggravating factors surrounding the offence. It also depends upon whether the mandatory minimum sentence provisions in the Criminal Code apply. There are a variety of weapons offences, and many offences – particularly firearm offences – carry minimum terms of imprisonment. The penalties if you are convicted of one of these crimes can have a devastating impact on your future.

There are some effective common defences to a firearm offence or other weapons offence, which is why it’s so important you hire an experienced criminal lawyer.

Remember, just because you are charged doesn’t mean you’ll be convicted.

We’ve provided some general information about weapons offences below. If you are facing firearm or weapons charges, please contact our office today for a consultation.

What Constitutes a “Weapon”?

According to Section 2 of the Criminal Code, a weapon is any object used, designed to be used, or intended to be used to threaten or intimidate a person, or to cause injury or death to a person. This broad definition may include household items such as butter knives if their purpose is to threaten, intimidate, or cause bodily harm or death to another person. Many objects qualify as a weapon – but only if you intend to use it as such.

Some items may or may not meet the definition depending on the circumstances of the offence, like hunting knives or pocket knives.There are some items that always qualify as weapons under the law, such as firearms, brass knuckles, and crossbows.

Other items are illegal to possess at all, such as a firearm without the proper license and certain types of knives, such as switchblades.

According to statistics obtained from the FBI, a property crime was reported about every three seconds in the U.S., and a violent crime was reported about every 22 seconds. Those are sobering statistics. Contrary to what most people think, property crimes are by far the most reported crimes in the United States, not violent crimes; property crimes are about ten times more prevalent than violent crimes. Property crimes reported annually total more than ten million, while violent crimes hover somewhere between 1 and 1 1/2 million each year.

Larceny / Theft
Larceny-theft hits the top of the crime list, far outweighing any other crime. The numbers of larceny-theft in this country are staggering – more than 7 million reported each year, making up almost sixty percent of all reported crimes.

Burglary
The next most prevalent crime is burglary, another property crime. Burglary reports total around 2 million each year, making up about 18 percent of all crimes reported.

Motor Vehicle Theft
Thieves do a thriving business in stolen cars, apparently – there are more than a million stolen cars in the U.S. every year. Car theft accounts for more than ten percent of all reported crimes annually in the United States.

Aggravated Assault
Violent crime comes into the top 5 most common crimes in the United States at number four on the list. According to Princeton.edu, aggravated assault is defined as an attack with intent to cause grave injury to another, and can involve a weapon. With or without a weapon, aggravated assault accounts for about 7 percent of all reported crimes.

Robbery
Robbery comes in at number five on the top five most common crimes in the United States. Robbery is not simple theft – it is a violent crime, and theft performed directly on a person or place. If you are ever mugged, that is robbery. A stick-up of a grocery or liquor store clerk is robbery. There are close to half a million robberies each year in the United States, and they account for about 3 percent of all crime.

Are you surprised at the most common crimes in the United States? Most people believe that murder and rape will fall somewhere on that top five list, but it has never happened. Violent crimes, while prevalent, are never as plentiful as the public thinks, and property crimes are much more likely to happen. So lock your doors and stay vigilant; you never know who might be waiting out there, and you don’t want to be part of the FBI’s statistics.

Weapons charges include offenses that address the possession or use of weapons. Even though many people envision a defendant actually pulling a gun on a store clerk, weapons charges are broadly used and applied to prohibit the possession of certain weapons by any person or certain persons and to increase the range of punishment for the use of weapons during other offenses.

What is a Weapons Charge?

The term weapons charge globally refers to a broad set of charges that involve weapons. Most state statutes are divided into two categories of weapon charges: possession and use. The first category focuses on the mere possession of a certain weapons. A defendant can be charged and convicted of possessing an illegal weapon, even though no one was hurt, threatened, or even saw the weapon. Because of public policy concerns, many states have banned all persons from possessing certain categories of weapons. Some of these weapons include switch blade knives, brass knuckles, short barrel shotguns, and some types of pepper spray. Additionally, all states have rules that restrict access to weapons by certain persons.

The second category of weapon charges focuses on the use of weapon during the commission of some other offense. These are sometimes referred to as aggravated offenses. For example, a sexual assault becomes an aggravated sexual assault when a weapon is used or displayed during the commission of the offense. Most states do not require an actual injury to aggravate a charge to a weapons charge. Often, the mere display of a weapon to intimidate or frighten a victim into compliance is enough.

Defenses for Weapons Possession

The most basic defense to a weapon charge based on possession is to prove that the defendant was not in possession of the weapon. As with a drug case, a defendant can point to the lack of links to prove that he was not in possession of the weapon. For example, if brass knuckles were found in a glove box, a defendant can highlight that he is not the owner of the vehicle or that he was only a passenger.

The second defense is to show that the weapon was not an illegal weapon. This usually is an issue when the charge is possession of an illegal knife because many states make exceptions for decorative or collector knives. A defendant charged and convicted of possessing a weapon will usually face a misdemeanor level of punishment which can include probation and up to a year or two in jail.  If a person is charged with possessing a weapon because of their status as a felon, then the weapon charge usually carries a felony range of punishment from two to ten years in prison.

Defenses for Use or Display of a Weapon

The defenses to the use of a weapon charge are very similar to those of any other assaultive offense. These include self-defense, consent, mutual combat, or proof that the instrument was not actually a weapon. For example, numerous defendants have successfully robbed banks with a hand held in their coat pocket pretending to have a gun. If they actually get away with the ruse, the defensive theory would be that the charge should only be robbery, not aggravated robbery, because a weapon was never actually used or displayed. Negating or disproving the weapon part of a charge can significantly impact a defendant’s range of punishment.

For example, in Texas, sexual assault is a second degree felony punishable by two to twenty years in prison. If a weapon is used during the commission of the assault, then the range of punishment expands to five to ninety-nine years in prison. This increase in punishment range applies to most weapon charges and can include other offenses such as robbery (to aggravated robbery), assault (to aggravated assault or battery), and burglary (to aggravated burglary). Any weapon charge that involves the use or display of a weapon during the commission of another offense will result in a higher level of punishment.

If a foreign national has committed a crime that is considered “serious criminality” in Canada, he or she may be considered criminally inadmissible to Canada and could be denied entry at the border. Consequently, many Americans who have been arrested or convicted of driving under the influence (DUI) are interested to know what the equivalent Canadian offense is classified as. In Canada, the term misdemeanor or felony is not used. Instead, there are summary or indictable offenses. A summary offense in Canada is similar to an American misdemeanor, while an indictable offense in Canada is similar to an American felony.

If a crime that is committed in the United States equates to a Canadian indictable offense, it can render a visitor inadmissible to Canada due to criminality. This being said, is a DUI a felony in Canada? The answer is, a DUI can be an indictable offense (felony). In Canada, a DUI is considered a hybrid offense which means the Crown Attorney can elect to prosecute the crime either summarily (misdemeanor) or as an indictment (felony).

Admissibility to Canada falls under the Canadian Immigration and Refugee Protection Act (IRPA). Admissibility for hybrid offenses is defined in IRPA 36(3)(a) which states “an offense that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offense, even if it has been prosecuted summarily.” Consequently, impaired driving is an excludable offense that can render Americans criminally inadmissible to Canada. Although a DUI is not always a felony in Canada, it can cause a US citizen or resident to be refused admittance at the Canadian border.

Going to Canada with a DUI

If you need to travel to Canada with a DUI, you can overcome criminal inadmissibility with a Temporary Resident Permit or Criminal Rehabilitation. Canadian Temporary Resident Permits can allow an American with a DWI access to Canada for up to three years and can be obtained rather quickly. Canadian Criminal Rehabilitation enables a foreign national to fix their inadmissibility issues permanently, but takes up to one year to obtain, and full sentencing must have been completed at least five years prior in order to be eligible to apply.

Regardless of whether your impaired driving offense was a felony, misdemeanor, or traffic violation such as New York’s DWAI, arrests or convictions for driving under the influence of alcohol or drugs can potentially cause major issues at the Canadian border. The Canadian equivalent of a DUI, DWI, OVI, OWI, DWAI, or any other drinking and driving offense in the United States can be an indictable offense and may therefore result in a border denial.

What is a Felony in Canada?

Although most US felonies equate to Canadian indictable offenses, and most US misdemeanors equate to Canadian summary offenses, this is not always the case. Drunk driving is just one of many American misdemeanor offenses that can equate to a Canadian hybrid offense, and thus are essentially considered a felony in Canada for immigration purposes. To determine the Canadian equivalency of a crime committed in a foreign country, a qualified Canadian immigration lawyer should be consulted.