How Does a Criminal Code Charge Get Beat?

There Are Many Legal Strategies For Fighting Against a Criminal Charge. Strategies May Include Diminishing Credibility of Witnesses For the Prosecution and Thereby Raising a Reasonable Doubt, Among Other Means..


Criminal Charge Defence Services Involving Various Criminal Code of Canada Violations A person charged for, allegedly, violating the Criminal Code, R.S.C. 1985, c. C-46, will surely suffer from the stresses and concerns involved in legal process of a criminal case while also suffering from the worry of, among other things, the potential penalties such as a sizeable fines, a possible jail sentence, an adverse affects upon future job opportunities, and much more.

The Criminal Law

The Criminal Code contains hundreds of sections that prescribe criminality to various forms of conduct. Prosecution of Criminal Code offences involve different sets of procedures that may apply depending on the seriousness of the alleged crime.  Offences viewed as the most severe, referred to as indictable offences, are prosecuted using procedures of a more formal nature. Offences viewed as less severe, referred to as summary offences, are prosecuted using procedures of a less formal nature that provides for a more streamlined overall process.  Additionally, some offences, known as hybrid offences, are selectable as either indictable proceedings or summary conviction proceedings at the option of the prosecutor acting for the Crown.

A lawyer may provide client representation for either an indictable or a summary conviction Criminal Code case.  A paralegal may provide client representation only for specific summary conviction Criminal Code cases or for certain hybrid offences if, and only after, the Crown prosecutor has chosen to prosecute the matter as a summary conviction proceeding case.

Defence Strategy

Choosing a defence strategy that best suits your criminal charge will depend upon, the specific nature of the charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from the anticipated witnesses.  With this said, and as applies to a case involving any type of charge, most, and perhaps all, defence strategies will focus upon poking holes in the case of the prosecution and thereby raising a reasonable doubt.

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