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Being charged with a criminal offence is likely one of the most stressful and confusing times in your life. This is why it is important to have an experienced and competent lawyer on your side who is your best defence against the state.
At Bykov Empel Law, we provide legal advice and represent clients in criminal matters at all levels of courts in Ontario. We approach criminal litigation matters by offering commitment to your case and attention to your needs. We will carefully review the strengths and weaknesses of your case, and provide you with an honest assessment of risks and benefits involved in taking your case to trial.
We specialize and represent clients in criminal litigation matters in areas including:
Although drinking and driving offences do not sound serious and are often mistaken for traffic violations, the offences of impaired driving, over ’80, impaired care or control, and refusal to provide breath sample are criminal offences that often entail long lasting negative implications.
Due to the recent legislation, they carry minimum penalties. This means that if a Crown attorney is able to prove essential elements of an offence, certain penalties apply automatically. If a person is found guilty of any of the drinking and driving offences, at a minimum, the person acquires criminal record, loses his or her driver’s licence and has to pay a fine. Following conviction, that person will have to also pay high car insurance premiums for a long time. If you have been charged with one of these offences, or if you believe you are about to be charged, you should contact a lawyer immediately.
Since the first few hours after being charged with a criminal offence are often the most critical, decisions and statements made at this early stage can seriously affect the outcome of a trial.
When a crime is serious enough, the police may feel that it is necessary for the accused to be detained pending the resolution of the charges. The law dictates that the accused individual needs to be brought in front of a justice for a bail hearing within 24 hours. Because of such short timing, if you find that you are to be detained, you should speak to a lawyer right away.
If you are arrested for a crime, call on our extensive experience to advise and assist you. Our lawyers have successfully argued many bail hearings ensuring that our clients can go on with their lives. Lawyers at Bykov Empel Law have the necessary knowledge and are well prepared to argue challenging bail hearings on a short notice.
An assault is defined as applying physical force to another human being without his/her consent. Depending on the severity of injuries, an individual may be charged with an assault, aggravated assault or assault causing bodily harm. If a weapon is used, the individual may also be charged with an assault with a weapon. Uttering threats is the saying of statements that can cause another person to fear for his or her safety. The range of sentencing depends on a previous criminal record, how the Crown chooses to proceed on the charges and the severity of the incident.
A domestic assault is an offence contemplated by the Assaults section of the Criminal Code of Canada that is committed between family members, although other types of relationships can be covered as well. Domestic assaults are usually treated differently from other assaults by Crown prosecutors, notwithstanding that there is no actual Criminal Code section that governs them. Police and Crown attorneys often apply a harsher approach to allegations of domestic violence, even if a complainant spouse does not want charges to be laid or wishes to have charges dropped.
Being charged with domestic assault can be a traumatic experience. Once a person is arrested, he or she is held in jail until a bail hearing. It is a Crown policy that dictates that a person who has been charged with a domestic assault shall not return home upon release. Therefore, even when the person gets released, he or she can no longer go home or communicate with the family because of the charge.
At Bykov Empel Law, we understand the unique challenges posed by the charge. Unlike other law firms, our practice is not restricted to criminal law. Since we also handle family law matters, our experience and knowledge allows us to provide our clients with the best legal advice in domestic assault cases.
If you have been charged with domestic assault, or if you think you may be charged in the future, do not hesitate to call us today. At the initial consultation, we will answer any questions you have about the charge and explain how we can protect your legal rights by building a proper defence strategy.
This offence covers a variety of assaults that take place along with a sexual component to them. They can include sexual assault, aggravated sexual assault and sexual assault with a weapon. In addition to whatever sentence a court may impose, a conviction will result in a convicted individual being placed on the sexual offender’s list.
Sexual assault charge or related offences require immediate attention from competent lawyers with the necessary tools, knowledge, resources and experience to handle complex criminal cases and to develop effective defence strategy. With immense consequences that can permanently affect the life of an accused, do not wait to get the guidance and counsel you need.
At Bykov Empel Law, our Toronto sexual assault charge lawyers have successfully defended many clients with a unique approach to developing strong defences. As skilled sexual assault lawyers, we will advance positions dealing with the complainant’s prior sexual history or in obtaining medical and psychiatric records. If you have been charged with a sexual assault or related offences, call our lawyers at Bykov Empel Law to determine your best defence to these charges.
Drug offences are regulated by the federal Controlled Drugs and Substances Act. However, the sentencing principles are the same as in the rest of the Criminal Code of Canada. Certain offences carry a minimum sentence, which means that if the essential elements are proven, the court has no choice but to impose certain punishments.
There are various categories of illegal drugs and many different types of drug charges related to drug possession, trafficking or production. The different categories of sentences depend on the amount of drugs, circumstances, jurisdiction, and type of drugs involved. The Controlled Drugs and Substances Act contains several schedules that group the controlled substances by category. The most serious drugs, including cocaine and heroin, fall under the category of Schedule I whereas marijuana falls under Schedule II. The drug offences are considered to be very serious particularly when the drugs involved are listed in Schedule 1 and where the amount of drugs is significant.
Many people tend to think that an offence, such as possession of small amounts of marijuana, is a relatively minor offence and will be treated lightly. However, this is often an incorrect perception, as drug charges are not to be taken lightly. They are serious charges that can have serious repercussions. When facing any sort of drug charge, it is very important that you contact a criminal lawyer who is familiar with drug prosecutions.
If you have been charged with any of the drug-related offences, call our lawyers at Bykov Empel Law to determine your best defence to these charges. Since drug offences are complex, often difficult to defend and entail serious consequences in terms of conviction, it is very important to entrust your case to experienced lawyers in order to achieve success and secure the best possible result.
Firearm and weapon offences include possession or ownerships of guns, knives or other weapons illegally. Because of many sections of the Criminal Code of Canada related to these offences, the finding of just a few weapons often results in many different types of charges. Certain of these offences have statutory minimum sentences. This means that if the essential elements are proven, the court has to impose a prescribed punishment.
Robbery is an offence where property is stolen, and violence is used to overcome resistances to it. Because of the additional violent conduct, penalties for a robbery conviction are generally higher than those for a basic theft.
Theft is the removal of another person’s property without his or her consent. Shoplifting is similar, except that it has to be taken from a store or organization. The sentencing range for these offences is usually dependant on the dollar value of stolen goods.
Theft is a crime in Ontario, which is punishable by imprisonment or a fine, and can leave a person with a criminal record. If you have been arrested and charged with theft, you need a good lawyer to defend your rights. It is necessary to hire a good Toronto criminal defense lawyer when you are charged with theft, since an experienced lawyer can get your case dismissed, get you an acquittal if you are innocent, or negotiate to have your sentence reduced if you are found guilty. Bykov Empel Law is an experienced and reputable firm that has successfully handled theft cases. Call our lawyers at Bykov Empel Law to secure the skilled representation during this challenging time and to determine your best defence to these charges.
Breaking and entering is defined as unlawfully forcing entry into or out of a place with the intent of committing an indictable offence. It is usually charged along with whatever said offence was. Because most of these offences include breaking into someone’s home, penalties are usually very severe due to the breach of privacy.
Criminal organization is when three or more individuals get together for the sole purpose of carrying out criminal activities for mutual benefits. Because of the higher level of forethought and organization, criminal organization offences tend to carry higher sentences.
These constitute a wide range of offences committed by public officials, or involving them. Some examples are bribery of a police officer, breach of trust by public official and municipal corruption. The range of sentence depends on the offence, but because there is usually some breach of public trust, they can be fairly severe.
Fraud is a wrongful deception intended to result in financial or personal gain for a perpetrator. Often referred to as ‘white collar crime’, fraud charges are some of the most burdensome prosecutions to defend. Due to high amount of documents involved in many of these crimes, cases are very complicated and often hard to prove. White collar crimes are referred to as such, because they are usually perpetrated by people working in offices, hence the term ‘white collar’. Because of the breach of trust involved, penalties can be severe.
When fraud charges are brought against you, the first thing you should do is hire an expert Toronto criminal lawyer. Notwithstanding the magnitude and circumstances of fraud you have allegedly committed, our lawyers at Bykov Empel Law have the necessary experience to defend you successfully. Bykov Empel Law welcomes the opportunity to be your Toronto fraud lawyer.
Anyone under the age of 18 is automatically charged under the Youth Criminal Justice Act, although in certain situations an individual may be treated as an adult. Youth under the age of 18 are treated very differently by the law.
Our lawyers are closely familiar with the complexities of the Youth Criminal Justice Act, including its application to bail hearings for young persons. Our Toronto young offender lawyers at Bykov Empel Law understand the Youth Criminal Justice Act and will take the time to understand your child to help resolve a problem that arose. You can trust our sensible approach to help guide your child through this challenging time, as we will make every effort to answer any questions you may have about the charge and defence strategy. Call us today to schedule your initial case consultation.