coqnqceqrtfoqrkqatheqrine

coqnqceqrtfoqrkqatheqrine has been contributed to a whooping 29 articles.

Recent Posts

What is the difference between white collar and blue collar crime?

Have you ever wondered what the differences are between white-collar crime and blue-collar crime? Knowing the differences between the two can be vital because there are different types of punishments for different types of crimes. Recognizing what type of crime you have committed can better help you understand what type of punishment you may be dealt. Our criminal defense attorneys Hamiltonare here to explain the differences between white-collar crime and blue-collar crime.We know how to properly investigate these cases and build a case that minimizes the impact of the charges on our clients. If you find yourself in this sort of situation, call us for your free consultation today.

White-Collar Crime VS. Blue-Collar Crime

White Collar Crime

To start things off, you must have an understanding of what white-collar crime and blue-collar crime are. White collar crime is typically non-violent and motivated by a want for financial gain. There are many examples of white-collar crime, which include:

  • Fraud
  • Embezzlement
  • Public Corruption
  • Mortgage Fraud
  • Money Laundering
  • Securities Fraud
  • Tax Evasion

Where Does the Term “White-Collar Crime” Come From?

It is known that the term “white-collar crime” came about in 1939. President Edwin H. Sutherland gave a presidential address titled “White-Collar Criminality.” The term “white-collar crime” was commonly used after that.

Blue-Collar Crime

Typically, white collar crimes are committed by citizens that are in a “higher” social class, whereas blue-collar crimes are committed by people from a “lower” social class.  Some examples of blue collar crimes may include:

Where Does the Term “Blue-Collar Crime” Come From?

The term “blue collar crime” was created in the 1920s.  It was meant to refer to Americans who performed manual labor jobs. Often they would wear darker clothing to make the stains that occurred at their jobs less noticeable. Many would wear uniforms that had “blue-collars.” Typically, these workers were paid a low hourly wage.

Many of the felony cases we handle involve charges of assault, battery or other violent crimes. Our Lebanon assault charge defense attorneys have successfully represented clients against a broad range of first and second-degree assault charges.

We also defend clients against all other types of felony charges, including the following:

  • Felony DWI
  • Drug offenses, including trafficking, distribution, manufacturing, and cultivation
  • Violent crimes, including manslaughter, murder, kidnapping, carjacking and domestic violence
  • Sex offenses, including rape, sexual assault of a child and child pornography
  • White collar crimes, including embezzlement and identity theft

If you have any questions or need a skilled criminal defense attorney, call us to set up a free consultation today.

Hamilton’s Guns & Gangs Lawyer

A major problem for decent people living their everyday lives is the take over of towns and cities by violent gangs. This is usually compounded by weakness on the part of the authorities or, as now, fear of offending Political Correctness. This allows the gangs to develop and move into elicit businesses and corrupt more young followers and harm innocent members of the public. The massive and extremely violent LA gangs are infamous throughout the world but there is a similar proliferation in England and ignoring them does a lot more harm than dealing with the early manifestations.

Firearm-related homicides in Canada have been steadily increasing, reaching a total of 223 in 2016, 44 more than the previous year. Shootings have now become the most common method of homicide, surpassing homicide by stabbing and beating. Gang-related homicides involving guns are no exception. In 2016 alone, police reported 141 gang-related homicides, 45 more than in 2015. Since 2013, gang-related homicides in Canada’s largest cities have almost doubled.

In November 2017, the federal government announced approximately $327.6 million over five years, starting in 2018–19, and $100 million annually thereafter, in new federal funding to tackle the increase in gun related violence and gang activity in Canada. This initiative will bring together federal, provincial and territorial efforts to support community-level prevention and enforcement efforts, build and leverage unique federal expertise and resources to advance intelligence related to the illegal trafficking of firearms, and invest in border security to interdict illicit goods including guns and drugs. Funding would also be provided to Indigenous organizations to help build capacity through education, outreach and research, addressing the unique needs of Indigenous communities and urban populations. The Initiative will help reduce gun and gang violence so that Canadians can feel safe in their communities.

Summit on Gun and Gang Violence

On March 7, 2018, the Minister of Public Safety and Emergency Preparedness Canada hosted a Summit on Gun and Gang Violence, to engage stakeholders and provide them an opportunity to share challenges, opportunities and best practices in the fight against gun crime and in combating the deadly effects of guns and gangs in communities across Canada. The Summit was attended in person and via webcast by over 180

experts from law enforcement, Indigenous, youth and community organizations, mayors from large municipalities and representatives from most  provinces and territories..

Ontario is committed to reducing gun violence and the dismantling of gangs by increasing local prevention, enforcement and prosecution efforts across the province.  As part of our strategy, we are providing additional tools and resources to support our police services and justice partners. Some examples include:

  • a new provincial gun and gang support unit that will support gun and gang investigations and prosecutions, and will improve province-wide coordination
  • a dedicated Gun and Gang Specialized Investigations Fund to support major investigations involving multiple police services to target organized crime areas that fuel gang operations such as drug, gun and human trafficking
  • increased corrections intelligence and security with enhanced training to correctional staff on the identification of security threats, improved intelligence reporting and court preparation, as well as specific challenges such as contraband smuggling

Ontario is also investing in prevention programs that provide meaningful alternatives for communities and youth at high-risk of involvement in gangs, gun violence and victimization, to help break the cycle of offending. These programs will help to identify root causes and risk factors of violence, prevent criminal activity, as well as support at-risk youth and young adults with alternatives to entering gangs or exit strategies to those already involved in gang activity.

Guns & gangs lawyer in hamilton have defended numerous individuals who have been targeted by the Toronto Police Service’s Gun and Gang Task Force. Most recently, we defended an Accused involved in Project Fusion.

Project Fusion

In 2010, we represented an Accused who was arrested as one of numerous suspects in a police round up known as “Project Fusion” – A multi-jurisdictional operation – led by the Toronto Police Service’s Gun and Gang Task Force. One-hundred and twenty five people were arrested in what police described as “an operation believed to be the largest of its kind in Ontario. Project Fusion involved over 1,000 officers from across the province. It began in mid-2008 and focused on a series of violent crimes dating back to 2003. It is alleged that those involved are leaders, members and/or associates who participate in two criminal organizations that operate in concert with each other, known as the “MNE” (Markham Road/Eglinton Avenue East), and the “400 Crew” (400/McCowan Road). A total of 100 homes and 61 vehicles were the targets of the search warrants across Toronto, as well as in York, Peel and Durham.

Uncategorized

Felony Theft Lawyers

What is Felony Theft?

Theft in general is a property crime that involves the unlawful taking of another person’s property, with the intent to permanently deprive that person of their property. Theft is commonly used as a blanket term to refer to many different crimes, such as grand theft, grand theft auto, larceny, receiving stolen property, shoplifting merchandise, embezzlement and robbery.

Theft can be considered a misdemeanor or a felony. Whether a crime is considered felony theft may depend on the value of the stolen property. Your state will have laws setting out this amount. For example, if you live in a state where it considers theft to be a felony where $1000 or more is stolen and you steal a car worth $2000, you can be charged with a felony.

What are Some Different Types of Felony Theft?

There are several different types of theft that are frequently classified as felonies. They may depend on the value of the property, as noted above, or on the circumstances surrounding the crime. Some examples of felony theft crimes are as follows:

  • Grand Theft: Grand theft is the unlawful taking of items or money valued at a certain amount, generally over $1,000. In comparison, regular theft would be considered the unlawful taking of items or money valued less than $1,000. Again, this amount will depend on your state’s laws;
  • Grand Theft Auto: Grand theft auto is the unlawful taking of another person’s vehicle without their permission;
  • Larceny: Larceny involves taking someone’s stolen property to deprive that person’s ability to use the property. It is often used interchangeably with the term grand theft, depending on your state’s laws;
  • Receiving Stolen Property: Receiving stolen property does not require someone to actually steal or have the intent to steal. Rather, a person can merely receive property that they knew or should have known was stolen and be charged with this crime;
  • Embezzlement: Embezzlement involves the taking of funds. It requires a special fiduciary relationship between the victim and defendant in which the victim entrusts the defendant with access to and responsibility for funds. The defendant then takes the funds for their own personal use and gain. Embezzled funds are often work-related and were to be only used for specific purposes not related to personal use by the defendant; and
  • Robbery: Robbery is defined as the taking of another’s belongings by use of force or immediate threat of force. This crime combines violence with theft.

Keep in mind that felony theft can involve both tangible and intangible objects, such as: money, property, services, individual identities or credit card data, documents and records.

Do I Need to Hire a Lawyer if I am Facing Felony Theft Charges?

Felony theft crimes are serious offenses that can carry severe penalties. Hiring a criminal defense lawyer can help you with the success of your case. You may have a public defender appointed to you as well.

A lawyer can assist you with evaluating the strength of the prosecutor’s case and determine how to proceed with defending against the charges. This could include asserting a defense, negotiating a plea agreement and representing your interests at trial.

Sexual Violence Myths & Facts

There is a lot of information that circulates about sexual violence and the people affected by it. The following myths are common and can impact survivors of assault or abuse, as well as the behavior and effectiveness of friends, family, medical, social service and law enforcement personnel. This sheet will help clarify some of the most common myths.

Myth: Sexual assault is an act of lust and passion that can’t be controlled.

FactSexual assault is about power and control and is not motivated by sexual gratification.

Myth: If a victim of sexual assault does not fight back, they must have thought the assault was not that bad or they wanted it.

Fact: Many survivors experience tonic immobility or a “freeze response” during an assault where they physically cannot move or speak.

Myth: A lot of victims lie about being raped or give false reports.

FactOnly 2-8% of rapes are falsely reported, the same percentage as for other felonies.

Myth: A person cannot sexually assault their partner or spouse.

Fact: Nearly 1 in 10 women have experienced rape by an intimate partner in their lifetime.

Myth: Sexual assaults most often occur in public or outdoors.

Fact: 55% of rape or sexual assault victimizations occur at or near the victim’s home, and 12% occur at or near the home of a friend, relative, or acquaintance.

Myth: Rape does not happen that often.

Fact: There is an average of 293,066 victims ages 12 or older of rape and sexual assault each year in the U.S. This means 1 sexual assault occurs every 107 seconds.

Myth: People that have been sexually assaulted will be hysterical and crying.

Fact: Everyone responds differently to trauma- some may laugh, some may cry, and others will not show any emotions.

Myth: Men are not victims of sexual violence.

Fact: 1.5% of all men have been raped and 47% of bisexual men have experienced some form of unwanted sexual contact in their lifetime.4

Myth: Wearing revealing clothing, behaving provocatively, or drinking a lot means the victim was “asking for it”.

Fact: The perpetrator selects the victim- the victim’s behavior or clothing choices do not mean that they are consenting to sexual activity.

Myth: If a parent teaches a child to stay away from strangers they won’t get raped.

Fact: 60% of child sexual abuse cases are perpetrated by someone the child knows outside the family, and 30% are assaulted by family members.

Myth: Being sexually assaulted by someone of the same gender can make a person gay or lesbian.

Fact: The assault is typically not based on the sexual preferences of the victim or rapist, and therefore does not necessarily change the victim’s sexual orientation.

Myth: People with disabilities are at low risk for sexual assault.

Fact: People with disabilities are victims of sexual assault twice as much as people without disabilities.6

Myth: Prostitutes cannot be raped because they are selling sex.

Fact: Prostitutes have the right to give and withhold consent to any sexual activity, and therefore, can be raped just like anyone else.

 Myth: Getting help is expensive for survivors of assault.

Fact: Services such as counseling and advocacy are offered for free or at a low cost by sexual assault service providers.

 Myth: There is nothing we can do to prevent sexual violence.

Fact: There are many ways you can help prevent sexual violence including intervening as a bystander to protect someone who may be at risk.

Your Attorney In Drug Violation Cases

While other states are relaxing their stance toward marijuana possession, this is not the case in Indiana. Police officers and prosecutors strictly enforce state drug laws to break the cycle of addiction and crime that often accompanies drug use. A drug charge is a serious matter, which is why you should seek out knowledgeable legal support if you have been arrested for committing a drug crime.

We have criminal defense attorney and skilled trial lawyer. We founded our firm to provide economical and aggressive representation to individuals charged with misdemeanor and felony drug offenses. We have focused solely on criminal law for nearly two decades in Hamilton County. We use my local insight and legal understanding to obtain favorable results for my clients.

Helping You Challenge Drug Charges

Our firm is qualified to handle a range of drug violations, including:

  • Simple possession of marijuana, cocaine, heroin or methamphetamine
  • Possession with intent to sell, manufacturing or trafficking of marijuana, cocaine, heroin or methamphetamines
  • Prescription drug offenses, including doctor shopping, prescription drug fraud and unlawful possession

As your legal ally, We will study the events surrounding your arrest to make sure that your rights were not violated. If police officers did not follow appropriate procedure during a search or questioning, We will use the law to hold them accountable.

We can also connect you with the best substance abuse counselors so that we can address the underlying disease responsible for your charges and break the cycle of abuse, arrest and incarceration. We will create a custom defensive strategy based on your unique situation.

Having a drug charge on your criminal record can affect your life long after your trial is over. Before you consider accepting a plea, you need to understand the impact this decision may have. As your lawyer and advocate, We will examine all options and explain them to you so that you can achieve the best possible outcome.

In the beginning, you will receive legal consultation to help you understand your situation completely and make the right decision at an early stage. When you choose us, the work on your case will begin right away. It is our belief that the key to success is a detailed strategy. Your lawyer will study your case meticulously and analyze it in depth to develop this strategy. It will include a full set of legal tools necessary for your defence. It will also provide for all challenges that may arise.

An important part of the strategy is your preparation for the hearings. You will receive all the help and support that you require. It is our commitment to give you confidence as well despite the difficult circumstances. Your Drug Lawyer Hamilton will use all of their talent and skill to defend you in the most effective possible way. Expect the professional to be highly motivated and to work with great desire for victory. Every effort will be made to achieve the desired result for you.

For receiving legal help in case of drug offence timely, contact us now.

Gang Prevention: An Overview of Research and Programs

Since the mid-20th century, gang violence in this country has become widespread—all 50 states and the District of Columbia report gang problems, and reports have increased for 5 of the past 7 years. Despite the steady growth in the number and size of gangs across the United States and the criminal behavior and violence they spawn, little is known about the dynamics that drive gangs and how to best combat their growth. For instance, no consensus exists on how gangs form, and few gang prevention programs have been rigorously evaluated.

The recent Juvenile Justice bulletin (PDF, 24 Pages), published by the U.S. Dept. of Justice, Office of Juvenile Justice and Delinquency Programs (OJJDP), presents a compilation of current research on gangs, including data on the state of gang problems in the United States today, why youth join gangs, the risk factors and attractions that increase youth’s propensity to join gangs, and how gangs form. The author examines how community members can begin to assess their gang problems and provide necessary enhancements to prevention and intervention activities. The bulletin also describes a number of effective and promising programs that may help prevent youth delinquency and gang violence.

The following are some key findings:

  • Youth join gangs for protection, enjoyment, respect, money, or because a friend is in a gang.
  • Youth are at higher risk of joining a gang if they engage in delinquent behaviors, are aggressive or violent, experience multiple caretaker transitions, have many problems at school, associate with other gang-involved youth, or live in communities where they feel unsafe and where many youth are in trouble.
  • To prevent youth from joining gangs, communities must strengthen families and schools, improve community supervision, train teachers and parents to manage disruptive youth, and teach students interpersonal skills.

No programs have been developed specifically to prevent gangs from emerging. In the meantime, to prevent youth from joining gangs, communities must employ multiple strategies and services, including:

  • Addressing elevated risk factors for joining a gang.
  • Strengthening families.
  • Reducing youth’s conflicts.
  • Improving community-level supervision of youth.
  • Providing training for teachers on how to manage disruptive students.
  • Providing training for parents of disruptive and delinquent youth.
  • Reviewing and softening school “zero tolerance” policies to reduce suspensions and expulsions.
  • Ensuring that punitive sanctions target delinquent gang behaviors, not gang apparel, signs, and symbols.
  • Providing tutoring for students who are performing poorly in school.
  • Increasing adult supervision of students after school.
  • Providing interpersonal skills training to students to help resolve conflicts.
  • Providing a center for youth recreation and referrals for services.
  • Providing gang awareness training for school personnel, parents, and students.
  • Teaching students that gangs can be dangerous.
  • Providing training for school resource officers in mediating conflicts.

A balance of prevention, intervention, and suppression strategies is important for success in any community. Prevention programs target youth at risk of gang involvement and help reduce the number of youth who join gangs. Intervention programs and strategies provide sanctions and services for younger youth who are actively involved in gangs to push them away from gangs. Law enforcement suppression strategies and intensive services target and rehabilitate the most violent gangs and older, criminally active gang members.

Guides for assessing community gang problems and implementing intervention and prevention strategies, part of the Office of Juvenile Justice and Delinquency Prevention’s Comprehensive Gang Model, are available on the National Gang Center Web site.

What is sexual assault?

Sexual assault’ covers a wide range of unwanted sexual behaviours that are often used by offenders as a way to assert power and control over their victims. There are many myths around what constitutes sexual assault, so find out the facts. If you’ve been sexually assaulted, you might experience a range of emotions and it’s important to know there are support services that can help you.

This can help if:

  • you want to know what sexual assault is
  • you want to know the myths and facts around sexual assault
  • you’ve experienced sexual assault and want support.
Teeanger with hoodie

What is sexual assault?

Sexual assault is any unwanted sexual behaviour that makes a person feel uncomfortable, threatened or scared. It covers:

  • Rape: forced, unwanted sex or sexual acts.
  • Child sexual abuse: using power over a child to involve that child in sexual activity.
  • Indecent assault: indecent behaviour before, during or after an assault.

Why do people sexually assault others?

Sexual assault isn’t always about offenders getting pleasure from sex. It can also be about them enjoying asserting power and control over someone. Some offenders have been abused themselves, but this isn’t always the case. Sexual assault is a serious crime and is never the fault of the victim.

Myths and facts around sexual assault

Myth: Only women can be sexually assaulted

Fact: Both men and women can be sexually assaulted. The offender can also be any gender, and of any sexual orientation.

Myth: Women often falsely accuse men of sexual assault to get attention

Fact: Most sexual assault reports are truthful. Many victims of sexual assault – both females and males – don’t report it for fear of not being believed.

Myth: Most rapists are strangers

Fact: Most offenders are known to the assault victim.

Myth: It’s not sexual assault if you’re a couple or married

Fact: Unwanted sexual activity in any relationship is assault.

Myth: If you’re drunk or wearing sexy clothing, you’re partly responsible

Fact: Sexual assault survivors are never, under any circumstances, responsible for somebody choosing to assault them.

How sexual assault might affect you

Everyone reacts differently to sexual assault. All of the following responses are normal:

Shock and denial

You might think, ‘Did this really happen to me?’ or ‘Why me?’, and feel unable to accept that it actually happened.

Fear

You might experience fear of the offender, of being alone, or of not being believed.

Silence

You might find that you’re unable to talk about the assault, or to describe what it feels like to have been assaulted, out of fear of being judged.

Anxiety

You might feel unsafe or unable to relax.

Depression

You might feel sad or depressed.

Guilt and blame

You might ask yourself, ‘Why did I go there/allow it/not fight back?’

Low self-esteem

You might lose self-confidence, and feel ‘unworthy’, ashamed or ‘dirty’.

Isolation

You might want to be alone, and to isolate yourself from family and friends.

Nightmares and flashbacks

You might have images and memories of the assault intrude on your daily life and sleep.

Mood swings

You might find that your mood changes quickly from anger and rage, to tears and despair, and back again.

Loss of confidence

You might worry about your ability to do your work or study, or lack confidence with friends or your partner.

Loss of trust

You might find it hard to trust people in your social circle or family.

What to do if you’ve been sexually assaulted

If you’ve been sexually assaulted, it’s not something you have to live with on your own. Here are some things you can do straight away:

Ensure that you’re safe

If you’re in immediate danger, or you’re worried about your safety, contact emergency services on 000 immediately and try to get to somewhere safe.

Talk to someone

Find someone you can talk to, such as a friend, family member, counsellor or youth worker. Contact an organisation in your state or territory that can give you relevant information on seeking help.

Get confidential help

Call the confidential 24-hour 1800 RESPECT line to talk with experienced counsellors. Have a look at sexual assault support for more information.

Get medical help

If you’ve been sexually assaulted, medical support is essential. If you can, try to get to a hospital or health centre where they can give you appropriate medical care.

Trust yourself

If someone has assaulted you, you may not feel confident about what to do next. Trust your instincts. Remember that it’s never okay for someone to assault you for any reason.

Know your legal rights

The laws relating to sexual assault vary from state to state. To find out about your rights, check out the criminal defence lawyer website.

What is sexual assault?

Sexual assault’ covers a wide range of unwanted sexual behaviours that are often used by offenders as a way to assert power and control over their victims. There are many myths around what constitutes sexual assault, so find out the facts. If you’ve been sexually assaulted, you might experience a range of emotions and it’s important to know there are support services that can help you.

This can help if:

  • you want to know what sexual assault is
  • you want to know the myths and facts around sexual assault
  • you’ve experienced sexual assault and want support.
Teeanger with hoodie

What is sexual assault?

Sexual assault is any unwanted sexual behaviour that makes a person feel uncomfortable, threatened or scared. It covers:

  • Rape: forced, unwanted sex or sexual acts.
  • Child sexual abuse: using power over a child to involve that child in sexual activity.
  • Indecent assault: indecent behaviour before, during or after an assault.

Why do people sexually assault others?

Sexual assault isn’t always about offenders getting pleasure from sex. It can also be about them enjoying asserting power and control over someone. Some offenders have been abused themselves, but this isn’t always the case. Sexual assault is a serious crime and is never the fault of the victim.

Myths and facts around sexual assault

Myth: Only women can be sexually assaulted

Fact: Both men and women can be sexually assaulted. The offender can also be any gender, and of any sexual orientation.

Myth: Women often falsely accuse men of sexual assault to get attention

Fact: Most sexual assault reports are truthful. Many victims of sexual assault – both females and males – don’t report it for fear of not being believed.

Myth: Most rapists are strangers

Fact: Most offenders are known to the assault victim.

Myth: It’s not sexual assault if you’re a couple or married

Fact: Unwanted sexual activity in any relationship is assault.

Myth: If you’re drunk or wearing sexy clothing, you’re partly responsible

Fact: Sexual assault survivors are never, under any circumstances, responsible for somebody choosing to assault them.

How sexual assault might affect you

Everyone reacts differently to sexual assault. All of the following responses are normal:

Shock and denial

You might think, ‘Did this really happen to me?’ or ‘Why me?’, and feel unable to accept that it actually happened.

Fear

You might experience fear of the offender, of being alone, or of not being believed.

Silence

You might find that you’re unable to talk about the assault, or to describe what it feels like to have been assaulted, out of fear of being judged.

Anxiety

You might feel unsafe or unable to relax.

Depression

You might feel sad or depressed.

Guilt and blame

You might ask yourself, ‘Why did I go there/allow it/not fight back?’

Low self-esteem

You might lose self-confidence, and feel ‘unworthy’, ashamed or ‘dirty’.

Isolation

You might want to be alone, and to isolate yourself from family and friends.

Nightmares and flashbacks

You might have images and memories of the assault intrude on your daily life and sleep.

Mood swings

You might find that your mood changes quickly from anger and rage, to tears and despair, and back again.

Loss of confidence

You might worry about your ability to do your work or study, or lack confidence with friends or your partner.

Loss of trust

You might find it hard to trust people in your social circle or family.

What to do if you’ve been sexually assaulted

If you’ve been sexually assaulted, it’s not something you have to live with on your own. Here are some things you can do straight away:

Ensure that you’re safe

If you’re in immediate danger, or you’re worried about your safety, contact emergency services on 000 immediately and try to get to somewhere safe.

Talk to someone

Find someone you can talk to, such as a friend, family member, counsellor or youth worker. Contact an organisation in your state or territory that can give you relevant information on seeking help.

Get confidential help

Call the confidential 24-hour 1800 RESPECT line to talk with experienced counsellors. Have a look at sexual assault support for more information.

Get medical help

If you’ve been sexually assaulted, medical support is essential. If you can, try to get to a hospital or health centre where they can give you appropriate medical care.

Trust yourself

If someone has assaulted you, you may not feel confident about what to do next. Trust your instincts. Remember that it’s never okay for someone to assault you for any reason.

Know your legal rights

The laws relating to sexual assault vary from state to state. To find out about your rights, check out the criminal defence lawyer website.

What is a firearm Offence?

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 are well-versed in the criminal laws that regulate weapon use and possession, and keep up to date on this ever changing area of the law. 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 theCriminal Codeas 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.

Two Types of Manslaughter

What Is Manslaughter?

Manslaughter is the unlawful killing of another person that isn’t considered murder because of a surrounding or mitigating circumstance. Manslaughter is usually the charge of the prosecution when the killer did not plan to kill.

What Is the Difference between Manslaughter and Murder?

Manslaughter and murder are different when determining the defendant’s state of mind. The defendant state of mind when he kills defines the difference between murder and manslaughter. Murder usually requires malice, premeditation, and planning. Manslaughter is the unlawful killing of a human being without malice, but with conscious disregard to human life or recklessness and/or criminal negligence.

Murder is usually mitigated to manslaughter because of mitigating factors and circumstances that surrounded around the killing.

Two Types of Manslaughter

There are two main types of manslaughter, voluntary and involuntary.

1) Voluntary Manslaughter

Voluntary manslaughter is an act of killing that would usually be defined as murder, but the killing was committed in response to an adequate provocation. If there was adequate provocation that resulted in the killing, the criminal charges are reduced from murder to voluntary manslaughter.

Adequate provocation is something that is sufficient to incite a normal person to sudden and intense passion. Courts commonly accept these types of Adequate Provocation:

  • Conduct or act sufficient to deprive a reasonable person of self control
  • The provocation actually provoked the defendant
  • The time between the provocation and the actual killing cannot be long enough for reasonable person to cool off
  • The defendant actually never cooled off

2) Involuntary Manslaughter

Involuntary manslaughter is when a person unintentionally kills another person due to a lack of care. Involuntary manslaughter generally occurs on two occasions:

  • Where there is a death attributed to recklessness or criminal negligence
  • From an unlawful act that is a misdemeanor or a low-level felony

For example, in vehicular manslaughter, a death occurs during a traffic violation such as driving under the influence.

Seeking Legal Help

The difference between manslaughter and murder can be subtle. Since there is a great difference in punishment, you should consult a criminal defense attorney who understands your state laws and can help you formulate a defense.