CRIMINAL DEFENCE

Helping Good People Through Difficult Times

 When it comes to facing a criminal matter, our experience and approach will always aim towards the goal of ensuring that you receive a fair trial.  Having represented and successfully defended hundreds of clients in criminal court we always strive to get the desired outcome for our clients.   We begin with a free consultation to fully understand your situation and answer any questions that you may have including the various options that you have.  With more than 13 years of practicing law, we have the experience and knowledge to handle your criminal matter, no matter how trivial or serious. We always go the extra mile for our clients with our reliable and professional approach. In addition to our knowledge and experience we believe it is our passion that we bring to every client which sets us apart and drives our success.  We have as a keen interest in representing clients charged with financial related offences such as frauds, breach of trust and other white collar crimes. Avi Baratz has been representing clients throughout southern Ontario for over 13 years. Mr. Baratz accepts legal aid and has always gone the distance for all his clients. He is a passionate advocate and a strong believer in individual liberties, due process and the Charter of Rights and Freedoms. 

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TYPES OF CASES WE DEFEND

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ASSAULT

  

At its essence, assault is touching someone without their consent. To be found guilty of assault, the Crown Attorney needs to prove that an assault occurred and that one had the intent to assault another. A simple push or shove is an assault. However, a person who accidentally bumped into another or pushed them by accident in everyday life at say a busy shopping mall, amusement park or in a lineup for example, would not be guilty of assault – criminal intent would be lacking. Spitting on another person is an assault, even though it does not involve actually hitting of another.  Assaults occur in all sorts of contexts, which are too numerous to list however, some common examples are domestic incidents between couples, disputes between strangers that escalate out of control and bar fights. 

SEXUAL ASSAULT

Sexual Assault is an assault of a sexual nature. In the Canadian criminal justice system, Sexual Assault charges are among the most serious an individual can face. If convicted, aside from jail time, a stigmatizing criminal record may follow the offender for the rest of his/her life.  Offenders are placed on a sexual offenders registry and face other intrusive conditions placed on them well after the conclusion of their case.  In today's heightened #metoo movement environment, it is important that an accused receive a fair trial and that the fundamental legal principle of the presumption of innocence prevail.     

IMPAIRED DRIVING & OVER 80

  

In Canada it is a criminal offence to drive impaired. One can be impaired by alcohol or drugs, including prescription medication. It is also an offence to be driving with over 80 milligrams of alcohol in 100 millilitres of blood. This legal limit is sometimes referred to as Over 80.  As far as drugs go, if one is suspected of being impaired by drugs then an officer can request that a person undergo a drug evaluation by a certified Drug Recognition Expert (DRE). The charge of Impairment by drug is becoming increasingly more prevalent in todays society including prescription medications. A related charge to these offences is also failure to provide a breath sample or failing to comply with a DRE for evaluation.

FRAUD OVER $5000

  

There are many types of fraud one can be charged with under the Criminal Code of Canada, but they all fall into two categories, Fraud Under $5000.00 or Fraud Over $5000.00. Mr. Baratz has experience representing accused individuals charged with Fraud. While Fraud cases can be very challenging for lawyers and paper intensive, Mr. Baratz is always up for the challenge and thoroughly enjoys working through a Fraud case.  It is interesting to note that Fraud is not defined in the criminal code of Canada. No fraud case is alike and Mr. Baratz is always interested to hear about Fraud allegations given their complex and mystifying nature. Mr. Baratz follows the financial markets closely and has taken the Canadian Securities Course which has provided him with excellent knowledge about the financial industry. Call today to discuss your Fraud charges with Mr. Baratz – it would be his pleasure to provide you with a free consultation.

BREACH OF TRUST

  

Breach of Trust occurs when one is in a position of power or authority and abuses that authority entrusted to him or her. Government Officials, Corporate CEOs, Teachers, Lawyers, and many others are examples of types of occupations and position holders that could be charged with breaching their authority. When one holds a fiduciary duty to others, this can also be the trigger for such a charge. An Immigration officer for example would be charged with breach of trust if he/she was trying to obtain a payout or bribe for offering citizenship or residency status. There are countless other examples of what constitutes a breach of trust. It is a criminal offence found under the Criminal Code of Canada that carries a maximum sentence of 14 years in a Federal Penitentiary. 

THEFT

Theft is a property offence. It falls into two categories: Theft Under $5000 and Theft Over $5000.  If convicted for Theft Under $5000, one can be sentenced up to two years in prison.  For Theft Over $5000, the potential sentence is up to ten years in prison. Baratz Law has extensive experience dealing with all levels of theft, from shoplifting to white-collar crime.   Professionals and business owners charged with theft risk incarceration and the loss of their professional license. These charges can also have devastating consequences on one's life, such as the loss of employment, business and income.  No matter your occupation or whether this is a first time or a repeat offence, Mr. Baratz can assist you with your matter.