Toronto Criminal Harassment Lawyers
Criminal Harassment
Criminal harassment allegations may involve repeated communication, following, monitoring, unwanted attendance or threatening conduct said to cause a reasonable fear for safety.
At Shikhman Barristers, the legal analysis examines the conduct alleged, the history between those involved, the evidence of fear and the state of mind the Crown must prove.
What Criminal Harassment Involves
The Criminal Code identifies forms of conduct that may amount to criminal harassment when the remaining legal requirements are met.
Not every unwanted message, repeated contact or difficult interpersonal dispute constitutes a criminal offence. The conduct and the complete context must be assessed together.
Communications and Digital Evidence
Text messages, emails, call records, social media activity, location information and prior communications may be central to the case.
Digital evidence must be examined for authenticity, completeness and context. An isolated screenshot may not show the full exchange or explain the history between the people involved.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Knowledge, Recklessness and Fear
The Crown must prove the mental element required by the offence and that the complainant reasonably feared for their safety or the safety of someone known to them.
The defence considers what the accused knew, what communications occurred and whether the alleged fear and conduct meet the legal test.
Conditions Prohibiting Contact or Attendance
A person charged with criminal harassment may face immediate restrictions on communication, attendance or use of particular platforms.
Those conditions must be followed unless they are formally varied. Replying to a message or accepting an invitation may still constitute a breach if contact is prohibited.
Related Allegations
A criminal harassment charge may be accompanied by allegations of uttering threats, mischief, breach of a court order or unauthorized use of digital accounts.
Each allegation has its own elements and must be assessed separately against the evidence.
Can Social Media Activity Be Used as Evidence?
It may be relevant, but its use depends on authenticity, context, the manner in which it was obtained and the legal issues in the case.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as an arrest occurs or a surrender is being considered. Early advice allows time to identify possible sureties, gather relevant information and prepare the proposed release plan.
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Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
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