Have you been charged with theft or robbery? Dealing with the criminal justice system can be confusing and even frightening; in this article, we take a look at these criminal charges and how you can defend yourself with the help of a criminal lawyer in Brampton.
What Is Theft?
Under the Criminal Code of Canada (the “Code”), theft is defined as taking property without the owner’s permission, with the intent of depriving the owner of the property. Theft of property under $5000 is considered a less serious offence and is usually treated as a summary conviction, whereas theft over $5000 can be charged as an indictable offence. A criminal lawyer in Brampton can explain the differences between these two levels of theft to you.
What Is Robbery?
Robbery involves the use of violence or threats of violence as part of the theft. Robbery is always treated as an indictable offence, meaning that it carries heavier penalties. If you have been charged with robbery, it is particularly important to hire a criminal lawyer with Brampton experience due to the serious nature of this crime.
How Can a Criminal Lawyer in Brampton Help Me?
Regardless of what you are alleged to have done, a criminal lawyer in Brampton can play a vital role in minimizing the impact that the charges have on you and your life. Harnessing the experience and the knowledge of a criminal lawyer with a Brampton base will save you time and stress while protecting your future and your family.
Why You Should Hire a Criminal Lawyer for a Brampton Arrest
If the police detain you, or if the police ask you to come in for questioning, the time to hire a criminal lawyer in Brampton is immediately. You will be motivated to declare your innocence and offer evidence to that effect, but it can be very easy to make a mistake that the police can use to prove your guilt.
Here is an example to illustrate this danger:
You are in a retail store trying on a necklace. The lighting in the store is very dim, and you want to see what the necklace looks like in different light, so you briefly step outside the store and into the mall. A security guard follows you and accuses you of stealing the necklace. When the police arrive, you try to declare your innocence by saying that you only stepped outside the store for a second. Unfortunately, this shows intent on your part (as opposed to an accident or an oversight); the police and the prosecution can use your statement as part of their case against you.
If you are detained, do not speak to anyone without your lawyer at your side. A criminal lawyer in Brampton will immediately step in and begin working on your case.
Protecting Your Rights
To ensure that your constitutional rights are protected, your criminal lawyer in Brampton will check that the police informed you of your right to speak to an attorney when you were arrested and that they did not violate your right to privacy by performing an illegal search of you or your property.
If either of these rights were violated, the criminal lawyer for your Brampton case will move to have the charges against you dismissed or the evidence obtained in the search excluded. Without this evidence, the prosecution may choose not to move ahead.
Collecting Evidence
The criminal lawyer for your Brampton case will set out to collect evidence that the police and the prosecution may have overlooked. For example, they might interview witnesses who can testify on your behalf, including character witnesses and people who were present at the time. They may look for security camera footage that provides more information or important context. They will also assemble documentary evidence to support your defence.
Arguing That You Lacked Intent
To prove your guilt of theft or robbery, the prosecution must show, beyond a reasonable doubt, that you intended to commit the crime. The criminal lawyer for your Brampton defence may argue that you took the item accidentally or that there was a misunderstanding as to the disposition of the item, for example, that you thought it was being given to you.
Challenging the Value of the Item
The penalties for theft are different if the item in question is valued at over $5000. If your criminal lawyer in Brampton suspects that the valuation is incorrect, they may challenge it to have your charges reduced. They can do this by questioning the valuation method, calling in experts to testify about the value of the item, and presenting evidence of the same item being sold at a different price.
Defending Against the Assault Portion of Robbery
With a robbery charge, the prosecution must prove, beyond a reasonable doubt, that you used violence or the threat of violence in conjunction with a theft. There are a few defences that the criminal lawyer for your Brampton robbery case where this is concerned. For example, they might argue that you were defending yourself or others, or they might challenge the victim’s contention that there was any violence.
Other Defences
These are just some of the defences that a criminal lawyer might use for a theft or robbery charge; the specific strategies your lawyer could use will depend on the circumstances and the evidence. In addition to challenging the charges themselves, a good criminal lawyer in Brampton will attempt to have your charges reduced or the penalties minimized based on factors such as your past criminal record, character witnesses, remorse on your part, your standing in the community, and your employment record.
How a Criminal Lawyer in Brampton Can Help
Being charged with a crime is extremely stressful. It can be tempting to declare your innocence and attempt to defend yourself, but you should leave your defence in the capable hands of a good criminal lawyer with a Brampton practice.
The team at Zamani Law has the expertise, experience, and resources to defend you against any criminal offence, including theft or robbery. You can depend on us to fight tirelessly for your rights and to get the best outcome possible for you.
Contact us today for a free consultation.
