Best Defence Lawyer for Criminal Harassment Charges in Toronto and GTA
Criminal harassment, commonly known as stalking, is repeated behavior that is done with an intention of harassing, troubling, frightening or any other actions exhibiting obsessive and fanatical conduct towards another individual without consensus or legal authority.
If you are someone who is facing these harassment charges, it is essential you hire a Criminal Law firm in Toronto with an experienced criminal defence lawyer who can defend you against these types of allegations in Toronto and GTA.
David Genis is one of the best criminal lawyer in Toronto who has unswervingly achieved excellent results for each of his clients charged with criminal harassment or other related charges. His Criminal Law firm Toronto has employed tailored strategies for each of his clients that have often caused the best defences for a criminal harassment charge, withdrawal of charges by the prosecutor or has been dismissed in court by the judge.
264. Criminal harassment
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
(b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).
(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.