Criminal Lawyer in Halifax

Why Hire a Criminal Lawyer in Halifax?

When you’re facing criminal charges, having the right legal representation can make all the difference. At our firm, we specialize in providing tailored legal services to clients across Canada, helping them navigate the complexities of criminal law with professionalism, compassion, and precision.

Why Is Hiring a Criminal Lawyer in Halifax Important?

Criminal Lawyer Halifax: Criminal charges can carry severe consequences, from fines and a criminal record to jail time and long-term impacts on your personal and professional life. Without skilled legal representation, you may face harsher penalties or miss critical opportunities to resolve your case favorably.

Here’s why hiring a lawyer is essential:

• Legal Expertise: Criminal law is complex and ever-changing. A lawyer knows the law, understands court procedures, and can identify the best strategies for your defence.
• Protecting Your Rights: From the moment you’re charged, a lawyer ensures that your rights are upheld, preventing unlawful evidence or unfair treatment from affecting your case.
• Negotiation Skills: Many cases can be resolved without a trial. A lawyer can negotiate with prosecutors to reduce charges, secure alternative resolutions, or minimize penalties.
• Avoiding Costly Mistakes: Missteps in your defence, even unintentional ones, can have devastating effects. A lawyer provides clear guidance to help you make informed decisions every step of the way.
• Peace of Mind: Knowing an experienced professional is handling your case allows you to focus on your life while they focus on achieving the best possible outcome for you.

Practice Areas We Specialize In

Our legal team has extensive experience defending against a wide range of criminal charges under the Criminal Code of Canada, including:

Impaired Driving (DUI) – Sections 320.14 to 320.22: We defend clients charged with operating a motor vehicle while impaired by alcohol or drugs, exceeding the legal blood alcohol limit, or refusing to comply with a breath or blood test. These charges can lead to license suspensions, hefty fines, and even imprisonment.

Assault and Violent Crimes – Sections 265 to 268: From simple assault (s. 265) to assault causing bodily harm (s. 267) or aggravated assault (s. 268), we represent clients in cases involving physical altercations, domestic violence, or allegations of threatening behavior.

Drug-Related Offences – Controlled Drugs and Substances Act & Criminal Code: Charges such as possession (s. 4(1), CDSA), trafficking (s. 5, CDSA), and production of controlled substances (s. 7, CDSA) require skilled representation to challenge evidence and reduce penalties.

How We Defend Assault and Violent crimes?

Under the Criminal Code of Canada, assault and violent crimes are treated as serious offences with significant penalties. To secure a conviction, the Crown must prove each element of the offence beyond a reasonable doubt. Here’s how assault and related violent crimes are typically proven:

1. Establishing the Actus Reus (the Physical Act)

The prosecution must demonstrate that the accused committed an act that meets the definition of assault or a violent crime. The specific requirements depend on the type of offence:

• Simple Assault (Section 265):
  The actus reus involves:

• Applying force to another person, directly or indirectly, without their consent.
• Attempting or threatening, by act or gesture, to apply force, causing the victim to reasonably believe they were in danger.

• Assault Causing Bodily Harm (Section 267): The act must cause bodily harm, defined as injury that is more than transient or trifling.
• Aggravated Assault (Section 268): The assault must wound, maim, disfigure, or endanger the life of the victim.
• Other Violent Offences:
  • Uttering Threats (Section 264.1): Threatening to cause death, bodily harm, or damage to property.
  • Assault with a Weapon (Section 267): Using or threatening to use a weapon during an assault.

Evidence for the physical act may include:

• Testimony from the victim or witnesses.
• Surveillance footage or recordings.
• Physical evidence, such as injuries or weapons.

2. Establishing the Mens Rea (Intent)

The prosecution must prove that the accused intended to commit the act or was reckless about the consequences.

• For Simple Assault: The accused must have intentionally applied force or caused the victim to fear imminent harm. Accidental actions do not constitute assault.
• For Aggravated Assault or Bodily Harm: The accused must have intended to cause the harm, or the harm must have been a reasonably foreseeable consequence of their actions.

3. Proving Lack of Consent

Consent is a key factor in assault cases. The Crown must prove that the victim did not consent to the act.

• Involuntary Consent: If consent was obtained through coercion, fraud, or force, it is invalid.
• Consent to Physical Contact: Certain activities, like sports, may involve implied consent to physical contact, but this does not extend to actions beyond the agreed rules or norms.

4. Linking the Accused to the Crime

The prosecution must establish that the accused committed the alleged assault or violent act. Evidence may include:

• Eyewitness testimony identifying the accused.
• DNA evidence or fingerprints linking the accused to the crime scene.
• Video or photographic evidence capturing the incident.

5. Aggravating Factors in Violent Crimes

For more severe offences, the Crown must prove additional elements:

• Use of a Weapon: Evidence of a weapon being used or brandished (e.g., witness accounts, recovered weapon).
• Causing Bodily Harm or Death: Medical records, photographs of injuries, or testimony from healthcare providers can establish the extent of harm.
• Planning or Premeditation (in cases like attempted murder): The Crown must show evidence of deliberate intent or preparation.

6. Defence Strategies

Defending against assault and violent crime charges requires a thorough examination of the evidence, the accused’s intent, and any mitigating circumstances. Here are the primary defences that can be raised:

1. Lack of Intent (Mens Rea): The prosecution must prove that the accused intended to commit the act. The defence can argue:

• The physical act was unintentional (e.g., accidental bumping mistaken for assault).
• The act was a reflexive response rather than a deliberate assault.
• The accused did not have the necessary intent to apply force or cause harm.

2. Consent: Consent is a valid defence for some types of assault, provided it was not coerced, threatened, or obtained through fraud and the victim fully understood and agreed to the contact. For example, in sports or consensual fights, there is an implied consent to some level of physical contact.
3. Self-Defence (Section 34 of the Criminal Code): If the accused used force to protect themselves from an imminent threat, the defence can argue self-defence. Key elements include:

• Reasonable Perception of Threat: The accused reasonably believed they were in danger.
• Proportional Use of Force: The force used was necessary and no more than required to stop the threat.
• Imminence of Harm: The threat was immediate or unavoidable.

4. Defence of Others: Similar to self-defence, this argument applies when the accused used force to protect another person from harm.
5. Defence of Property (Section 35): If the accused used force to defend their property, this defence can apply. Key considerations include whether the accused was protecting their own property or acting on behalf of the owner, and whether the amount of force used was proportional to the perceived threat to the property.
6. Lack of Evidence or Proof: The defence can argue that the prosecution has not met the burden of proof beyond a reasonable doubt by highlighting inconsistencies in witness testimony or physical evidence or showing that the victim or witness has a motive to lie.

How We Defend Drug-Related Offences?

In drug-related offences, the prosecution must establish specific elements beyond a reasonable doubt to secure a conviction. Here’s how these cases are typically proven under the Controlled Drugs and Substances Act (CDSA):

1. Establishing the Identity of the Substance

The prosecution must prove that the substance involved is a prohibited or controlled drug as listed under Schedules I–V of the CDSA.

If the substance’s identity is not proven, the case may fail.

2. Proving Possession, Trafficking, or Production
3. i) Possession (Section 4(1) of the CDSA):
   To prove possession, the Crown must demonstrate that the accused:

• Had knowledge of the substance’s existence.
• Had control over the substance (physical or constructive possession).
• Knew the substance’s illegal nature.

ii). Trafficking (Section 5 of the CDSA):
Trafficking involves selling, giving, transporting, or distributing a controlled substance. The prosecution must show:

• An act of trafficking took place.
• The accused participated intentionally in the act.
• The substance was controlled under the CDSA.

Circumstantial evidence (e.g., cash, scales, or packaging materials) may support trafficking allegations.

iii) Production (Section 7 of the CDSA):
For production offences, the Crown must prove that the accused was involved in manufacturing or growing controlled substances. Evidence may include:

• Equipment and materials used for production.
• Evidence linking the accused to the production site (e.g., fingerprints, utility bills).

3. Lawful Search and Seizure

The police must conduct their search and seizure in compliance with Section 8 of the Canadian Charter of Rights and Freedoms. The defence can challenge:

• The validity of the search warrant.
• Probable cause for the search.
• Whether the search was conducted in a manner that violated the accused’s Charter rights.

If a Charter breach occurred, the defence could seek to exclude the evidence under Section 24(2) of the Charter.

4. Chain of Custody

Criminal Lawyer Halifax: The Crown must establish a clear and unbroken chain of custody for the seized substance to ensure it has not been tampered with or mishandled. Any gaps in the chain can raise doubts about the substance’s identity or integrity.

5. Proving Intent

In many drug offences, the Crown must show the accused acted with knowledge and intention. For instance:

• Possession for the purpose of trafficking (Section 5(2)): Evidence such as large quantities of drugs, cash, or scales may suggest intent to traffic rather than personal use.
• Production for commercial purposes: Signs of large-scale operations (e.g., grow lights, irrigation systems) may indicate intent to distribute rather than personal use.

6. Defence Strategies

Common defences against drug charges include:

1. Challenging the legality of the search or seizure: Under Section 8 of the Canadian Charter of Rights and Freedoms, every individual has the right to be free from unreasonable search and seizure. If the police violated this right, any evidence obtained unlawfully might be excluded under Section 24(2) of the Charter.
   • Was the search warrant obtained and executed properly?
   • Did the police have reasonable grounds to conduct the search?
   • Did the police exceed the limits of the warrant?
   • If the search was conducted without a warrant, was it justified under exceptional circumstances?
2. Arguing lack of knowledge or control (e.g., the drugs belonged to someone else). A defence might argue that:
   • The accused was unaware of the drugs (e.g., drugs found in a borrowed car or shared living space).
   • The accused did not have exclusive control (e.g., drugs belonging to a roommate or co-worker).
3. Questioning the identity of the substance: The prosecution must prove that the seized substance is a controlled drug under the CDSA. This is usually done through chemical analysis. A qualified defence lawyer can challenge the accuracy or validity of forensic testing.
4. Breaking the Chain of Custody: The Crown must demonstrate a clear and unbroken chain of custody for the evidence, proving it was properly collected, handled, and stored. A senior defence lawyer can argue that there were gaps in the custody chain or that the evidence was tampered with or mishandled.

Hire the Best Criminal lawyer in Halifax

Criminal Lawyer Halifax: Criminal cases often involve complex legal issues and high stakes. At Legal Access we can:

• Examine the evidence to identify weaknesses in the Crown’s case.
• Build a defence tailored to the unique circumstances of the case.
• Advocate for the accused’s rights and seek the best possible outcome, whether it’s an acquittal, reduced charges, or a lighter sentence.