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Understanding the Differences Between Self-Defence and Assault Charges | Domestic Assault Defense Lawyer in Toronto

If you have been charged with an assault charge, it is vital that you do not face the complex Canadian legal system on your own. Vladimir Semyonov is a skilled defence lawyer in Toronto that will help your case to improve your chances of a favourable outcome. Aside from having experience in a wide variety of assault charges, he can tailor your defence to your personal circumstances.

At Semyonov Law, we will appear in court on your behalf and allow you to focus on your work and family life while updating you with regular updates on the status of your case. Get tenacious and committed legal help on your side, and contact us if you have been charged with an assault case 24/7.

You need an educated and qualified domestic assault defence lawyer in Toronto that can represent you justly. Under the Criminal Code of Canada, there are numerous types of assault, that if convicted, can have life-changing outcomes for you and your family. Let’s take a look at some of the legal interpretations of different forms of assault, what constitutes acts of self-defence and the details regarding your charges that can result in a positive outcome.

 

What is “Assault” defined under Canada’s Criminal Code?

Under section 265 (1), a person commits an assault when:

(a) “without the consent of another person, he applies force intentionally to that other person, directly or indirectly.”

(b) “they attempt or threaten, by an act or gesture, to apply force to another person, if he has or causes that other person to believe on reasonable grounds that he has, present ability to effect their purpose.”

(c) “while openly wearing or carrying a weapon or an imitation thereof, they accost or impedes another person or begs.”

 

What are the 3 Levels of Assault in Ontario?

There are three levels of aggravated assault under the Criminal Code of Canada;

Common Assault Level 1 – Under Section 265 (1), a common assault includes pushing, slapping, punching and face-to-face verbal threats. 

Major Assault Level 2 – Under Section 267, a more serious form of Common Assault Level 1 including carrying, using or threatening to use a weapon against someone, or causing bodily harm.

Major Assault Level 3 – Under Section 268, a major assault level 3 is an aggravated assault with wounds, maims, disfiguration or endangerment of the life of another person. Additionally, under Canadian Law, female genital mutilation is also considered a form of aggravated assault.

Major assault levels 2 and 3 are constituted under aggravated assault and, if convicted, would be classified under an indictable offence.

 

Understanding the right to defend yourself

Self-defence is a complicated circumstance that implies more than just ‘fighting back’. While self-defence can be considered an act of protecting yourself from harm, it also encompasses the prevention of damage to your property and loved ones. 

Under Section 34 of the Criminal Code of Canada, the accused person can be found ‘not guilty’ if they can prove that:

  • “The accused person had reasonable grounds to believe that the force was being used against them or another person or that a threat of force was being made against them or another person”;
  • “That the assault was committed for the purpose of defending or protecting themselves or the other person from the use of that force”;
  • “The act committed was reasonable in the circumstances.”

There are numerous ways in which the Crown can dismiss charges based on the Canadian Charter of Rights violations, a lack of intent at the time of the incident, the consent for the use of force that occurred as a result of a fistfight or impaired circumstances and the raising of reasonable doubt that raises discrepancies in the case. 

Additionally, Semyonov Law can bargain negotiations for reduced charges that can often result in dismissal of charges completely. Justifying an act of self-defence can prove to be difficult if you have limited proof or minimal judicial knowledge. 

 

Prove You Are Innocent with Experienced Defence Lawyer in Toronto and Newmarket

It is prudent that you enlist our experienced legal counsel who can fight for your innocence and accurately defend your case.

If you have been charged with an assault charge, it is vital that you do not face the complex Canadian legal system on your own. Vladimir Semyonov is a skilled defence lawyer in Toronto that will help your case to improve your chances of a favourable outcome.

immigration lawyer

My Canadian Visa Appeal Has Been Denied, What Should Be My Next Steps? | Experienced Immigration Lawyer in Newmarket

19.3% of all those who completed their own immigration application were refused. Whatever the reason for your visa refusal, it is important not to lose hope in gaining a visa acceptance in the future. If you seek to gain a Canadian Visa, it is highly recommended that you seek professional legal assistance from our immigration lawyer in Newmarket.

Mr. Semyonov is a prudent bail hearing lawyer in Newmarket that will represent you justly and improve your chances of a favourable outcome. We will represent you in your urgent immigration hearings and appeals, allowing you to focus on your family, work and personal circumstances.

 

Why Do You Need to Hire an Immigration Lawyer?

The chances of your Canadian Visa being accepted are nearly doubled when you hire an immigration lawyer.

All immigration should be handled with appropriate expertise and comprehensive knowledge of Canadian immigration laws. Here is how our immigration lawyer in Newmarket adheres to the highest standards of client service:

  • Affordable Fees: We can offer you affordable rates for your case without delivering false promises. We are dedicated to providing you sound legal advice at a reasonable price. 
  • Urgent Deadlines are Met: Semyonov Law will take the stress away from your case and ensure that all necessary documents are correct and present when the time is due. Overlooking required legalities can jeopardize your case, and the first step in reaching a positive outcome is to have the correct documentation.
  • Increasing Your Chances of Success: While there are never 100% chances of succeeding, you can increase your chances of your visa being granted with the right legal help. We will serve as representatives in your case, and we will use our extensive legal expertise to improve your chances of acceptance into Canada.

 

Can You Reapply for a Visa If I Got Denied?

Yes, but you must act promptly.

There are viable options to reapply if you have been refused a Canadian Visa by Citizenship and Immigration Canada. However, there is a short amount of time in which you can do so. Appealing your visa refusal is a complicated and delicate process. Hiring an experienced immigration lawyer can increase your chances of acceptance.

 

How Do I Appeal Against a Visa Refusal in Canada?

You have 3 methods of appealing against your visa refusal:

  1. Requesting restoration to the Case Processing Center.
  2. Appealing your visa refusal to the Immigration Adjudicating Division.
  3. Appealing your visa refusal to the Federal Court of Canada.

Appealing your visa refusal is dependant on several factors. Various methods of appeals are better suited for your personal circumstances.

Questions you must ask yourself include, “What type of visa did I apply for?”, “Is my intention to be a permanent resident?” and “Should I have applied for a student or visitor visa?”. Your questions can be answered with accurate legal expertise from our law firm. 

We will represent you on your behalf in court and provide you with regular detailed updates on your appeal. Our expert support can assist you in all sensitive immigration realms.

 

What are the Reasons for Visa Rejection?

Understanding why your Canadian visa got rejected can further create a successful plan for future visa approval. We can help you relieve the stress from your visa refusal and implement the correct protocols to increase your chances of acceptance.

Here are some reasons why your initial visa might have been rejected:

  1. Insufficient Documentation: You must provide evidence that what you are saying is true. For example, if you are stating that you have worked at your company for 2 years, you must present a reference letter entailing your responsibilities, hours worked and place of business. Failure to provide appropriate documentation can result in your visa rejection.
  2. Criminal Record: Visa applicants with a criminal record in their home country with a criminal offence in Canada may get rejected. To improve your chances of gaining a Canadian Visa, you must prove that you have been rehabilitated. Working with a trusted immigration lawyer can provide the required rehabilitation forms.
  3. Lack of Evidence Showing that You Can Support You and Your Family Financially: You will need to provide sufficient proof that you will be able to sustain yourself and your dependents during the duration of your visa. Insufficient funds and evidence that you will sustain your living can result in a visa denial.
  4. Poor Health Conditions: You will need to provide an immigration medical exam implemented by a government-approved medical institution to prove that are you are in good health to immigrate to Canada. Medical inadmissibility includes:
  • The risk to public health, including infectious active diseases,
  • An excessive dependency on Canadian healthcare services,
  • The risk of public safety including mental incapabilities and violent behaviour.

Consult our credited law firm for further information on how you can decrease your chances of getting a Canadian Visa refusal.

 

Improve Your Chances of Getting Your Canadian Visa | Trust a Professional Immigration Lawyer in Newmarket

Navigating the complexities of Canadian immigration laws does not have to come at the cost of your peace of mind. Please speak with our qualified law firm today and experience a simple process.

Your urgent immigration matters should be dealt with delicately and promptly. We are available 24/7 at (647) 292-3377 or by sending an email here.

domestic assault defence lawyer

Charged with a Domestic Assault Offence? | Hire A Trusted Domestic Assault Defence Lawyer

The term ‘Assault’ is a broad term under Ontario’s Criminal Code and can vary from an implied verbal threat to an incident that leaves a person with severe bodily harm. If you or a loved one has been charged with a Domestic Assault charge contact our domestic violence lawyer in Newmarket and surrounding Toronto areas. 

Semyonov Law can help you strengthen your case resulting in a favourable outcome. We have the qualified legal expertise to help you urgently fight your charges, eliminating the overwhelming process that occurs with legal procedures.

Mr. Semyonov is a professional domestic assault defence lawyer in Newmarket that will help you navigate the intricate Canadian legal system, mitigating the complexities that can be lengthy and uncertain. Aside from assisting you in prudent and sensitive matters regarding your charges, he will further appear on your behalf at every court or tribunal appearance. 

Domestic Assault charges can cause stress and tension between you and your family, and Semyonov Law wants to make your case as smooth as possible. You must be represented justly. Our law firm will work tirelessly to defend your rights.  

The imperative to protect you is our highest priority. 

 

Is Domestic Assault a Criminal Charge?

‘Domestic Nature’,  is classified as a ‘Criminal Act’ under  Section 718.2 under the Criminal Code of Canada. ‘Domestic’ can refer to two partners, a parent and a child, siblings, or common-law spouses. It is highly advised to seek legal guidance when you are faced with ‘Domestic Assault’ charges.

Allegations of a domestic assault are taken seriously by the police, the Crown’s Attorney and Ontario courts due to:

  1. The increase of domestic abuse since the COVID-19 pandemic has started in early 2020,
  2. The severe impact domestic assault instances have on minors living inside the home,
  3. The risk of violence escalating if the circumstances are not dealt with urgently,
  4. Power imbalances that result from one partner being physically larger than their spouse.

If the police officer at the cause of the scene has reasonable grounds on which to believe that a domestic assault has occurred inside the home, the accused person will be arrested. In some circumstances, the victim will be taken to the police station to report a formal statement.

Canada’s Criminal Code Section 265 (1) identifies the term ‘Assault’ when a person:

  1. Implies intentional force, directly or indirectly, to another person without consent,
  2. Threatens through an act of gesture of act to apply force to another person, and the person threatened has reasonable cause to believe that they will be injured,
  3. Openly carrying a weapon to impede a person’s physical presence.

 

What Happens After You Get Charged?

In cases where a false allegation has been placed, the complainant’s motives can impact the overall credibility of the case. Domestic assault charges that get elevated to a trial proceeding are often short and require few witnesses. 

The Crown Attorney solely requires the alleged victim and the officers that were involved in the initial arrest. The Defence Counsel will often call their client and one other witness. 

It’s imperative to note that just because you have been charged, does not mean that you have been proven guilty.

 

Do Domestic Violence Cases Get Dismissed?

If there is proof beyond a reasonable doubt, the police and/or the Crown will warrant either a singular assault charge or combined charges that might have resulted from the time of the incident; for instance a domestic assault charge with property destruction. 

Our experienced legal counsel is skilled in effective defence methods that can help you lead to acquittals, reduce your charges, decrease penalty severities and, in some cases, aid you in a complete dismissal of the charges placed against you.  

Here are some of the reasons why your case might get dismissed:

  • Self Defence
  • Lack of Intent
  • Challenging of Reasonable Doubt
  • Consent for the Use of Force
  • Procedural Mistakes at the Site of Arrest

Examining all elements of the accused’s assault charges can determine a more positive outcome. Our firm does not leave any circumstance unexamined because we want to see favourable results regarding all of our clients.

 

If My Spouse Fails to Show Up in Court, Will the Charges be Dropped?

No, the charges will not be dropped automatically. The Crown Attorney can subpoena the alleged victim and order them to testify in court. If the victim refuses after the request from the Crown Attorney has been made, they can issue a warrant for their arrest.

Once the alleged victim has signed legal documents stating that they will be testifying under oath, the Crown Attorney can use this evidence if the victim changes their story at the time of the trial.

 

Charged with Assault? – Ensure You Are Represented by A Qualified Domestic Assault Defence Lawyer in Newmarket

You can explain your circumstances to the judge, however, a respected Domestic Assault Defence Lawyer can represent you with professional legal expertise. Every detail is important in building you a strong case, and Mr. Semyonov can provide you with vigilant guidance.

Fight against your charges 24/7 with prudent and timely support. If you or a loved one is facing assault charges in the Newmarket, Toronto or Greater Toronto Area, call us anytime at (647) 292-3377 or contact us at info@semyonovlaw.com.

Defend Against an Impaired Driving / DUI: New Rules This New Year’s Eve | Impaired Driving Lawyer, Newmarket & Toronto

The impaired driving laws in Ontario have greatly evolved over the last couple of years. It always helps to have your finger on the pulse of these developments. 

The end of the year sees a spike in impaired driving cases, especially on New Year’s Eve. If you or a loved one are charged with a DUI offence, don’t panic. 

Semyonov Law is a reliable and experienced impaired driving lawyer in Newmarket and Toronto, with the legal expertise to strengthen your defence in court. Rely on Semyonov for sound, timely and accurate legal guidance, regardless of how severe your case might appear to seem. 

As a trusted bail hearing lawyer, Semyonov has accumulated a wealth of expertise to navigate you through the process, having successfully secured bail for countless clients charged with all manner of criminal offences, everything from DUIs to sexual assault. Rest assured, he will do everything in his power to help you during this challenging time. 

Time is of the essence when it comes to your DUI defence. Get in touch today. 

 

Call: (647) 292-3377

Email: info@semyonovlaw.com

 

What is Impaired Driving in Ontario?

Impaired driving, Driving Under the Influence (DUI), Driving While Impaired (DWI) while all slightly different in their definition, pertains to operating a motor vehicle while the person’s faculties are impaired by a drug, alcohol or some combination of the two. 

Contrary to popular belief, there is no “safe” time window for consuming alcohol and getting behind the wheel. The law considers the possibility that even a small drink an hour before driving can impair your ability to make snap judgments when driving. 

To be more specific, Canada’s Department of Justice expressly states that the forbidden blood alcohol concentration is 80 milligrams or more per 100 millilitres of blood. 

With the legalization of recreational cannabis in 2018, the law has further tightened the rules. When it comes to cannabis, the prohibited level is anywhere between 2 to 5 nanograms of THC (the primary active ingredient in cannabis) per ml of blood. 

Consequences vary depending on the severity of the crime, whether it’s a first or subsequent offence, and whether or not there were any injuries or fatalities. The maximum penalty assigned could be as much as 10 years behind bars.

 

How Do I Defend Against an Impaired Driving Charge?

Typically with a DUI, the officer pulls over the driver in question to determine whether or not they are under the influence. 

The police no longer need to have reasonable suspicion that a driver is impaired. They reserve the right to demand a breath sample from any driver they pull over. If you refuse, you may be charged. 

In some cases, the charge may be dismissed before it reaches trial. These cases are otherwise settled by the defence lawyer, prosecutor and judge and bail may be set if applicable. 

In most cases, it’s advised that the driver not to plead guilty as the law considers you innocent until proven guilty. A few common defences that could lead to a DUI charge being withdrawn:

  • If the accused was not properly arrested following the right protocol
  • Illegal seizure for searches conducted by the police
  • Violation of your right to consult with a lawyer
  • The trial not being conducted within a reasonable period of time
  • The breath sample being improperly read

The onus falls upon the prosecution and the cops to prove without a reasonable doubt that the accused is guilty. 

It takes considerable experience to be able to spot loopholes in the case and have the charge withdrawn. Play it safe and contact Semyonov Law. Backed by years of experience, Semyonov has successfully defended countless individuals who have faced similar charges. 

 

Semyonov is a Reliable Impaired Driving Lawyer in Newmarket – High Success Rate

Vladimir Semyonov has your best interests at heart and will work hard to prove your innocence. He is the right man for your case. You can bank on a detailed legal consultation, fair pricing and top-notch legal representation. 

Call: (647) 292-3377

Email: info@semyonovlaw.com

Domestic Assault Defence FAQs: What You Need To Know Before Consulting a Lawyer | Domestic Assault Defence Lawyer, Newmarket, Toronto

Domestic assault is a serious crime in Canada and occurs within the context of any domestic relationship. This can range anywhere from married couple, common law couples, and same sex partners among others. It can also involve close family members. 

In a domestic assault defence case, a trusted lawyer is needed for you to avoid a conviction from the Crown. If convicted of domestic assault, you can face severe jail time and consequences that will change your daily life. At Semyonov Law, our lead attorney Vladimir Semyonov will fight for your defence and represent your case. 

He is a lawyer who specializes in sexual assault and domestic assault defence. He has considerable experience working in Ontario’s courts and has clients in both Toronto and Newmarket. If you would like to request his services, you can call him now at (647)-292-3377. 

In the meantime, we have some useful answers for FAQS on domestic assault. We hope you find these insights helpful before turning to a lawyer. 

 

Can Domestic Assault Charges Be Dropped? 

Canadian law does not allow domestic assault charges to be dropped. The reason is that these charges are usually laid by the police and subsequently falls under the Crown’s jurisdiction. 

However, the prosecutor may drop the case if it is not worth pursuing in the public’s interest. A victim’s input may also determine whether the case moves forward. All in all, domestic assault cases do not always go to trial and are largely dependent on the prosecution. 

 

What are the Consequences of a Domestic Assault Charge?

The penalties of a domestic assault charge can vary, depending on the severity of the crime. If you are convicted or plead guilty to the charges, you may be subject to steep fines and a lengthy jail sentence. You may also be subject to a firearms prohibition or restraining order, depending on the case and the people involved. 

These charges will also stay permanently on your criminal record, making it harder for you to gain employment or buy a home. That is why it is important you seek legal counsel and a reliable lawyer to guide you through your case. 

 

How Do I Build a Defense Against Domestic Assault?

Domestic assault cases can go for a very long duration of time and charges can be very difficult to overturn. An experienced defence lawyer such as Vladimir Semyonov can help you prepare for this process and navigate through the complex legal system. 

If you want the most ideal outcome for your case, you will need a solid defence that advocates for your rights and perspective. This can lead to an acquittal or a negotiated plea deal with the Crown if you have a reliable lawyer. 

Before you are brought into the courtroom, we always highly recommend speaking with a lawyer beforehand. This will help you be prepared and build a defence against a domestic assault charge. 

 

What Happens During a Domestic Assault Trial?

In the courtroom, if you are defending yourself, you will not have the opportunity to cross examine the victim or witness. Subsequently, the prosecution will also tender evidence from prior alleged incidents of abuse to build their case against you and create a narrative for your motives. 

The process can get very complicated and figuring out when and who can speak can be confusing. An experienced criminal defence lawyer can help you navigate through the trial and speak on your behalf if necessary. 

 

Defending Against Domestic Assault? Contact Semyonov Law For Sound Legal Advice.

Semyonov Law has flexible payment plans for our clients as we deliver the best results for your case. Our head lawyer, Vladimir Semyonov, has extensive experience in criminal defence and has assisted clients in Toronto and Newmarket. We will do our best to represent you on your behalf and work with you throughout your legal case. 

To book an appointment, you can call our 24/7 number at 647-292-3377 or email us at info@semyonovlaw.com. You can also send us your thoughts, questions, or concerns via our online contact form

Defending Against a DUI Charge: Here’s Why an Impaired Driving Lawyer in Newmarket is Important for Your Case

A DUI charge (or driving under the influence) is a serious offence that can carry several consequences for you. If you’ve been charged with DUI, there are ways for you to avoid getting a criminal record. You need a reliable defence lawyer who knows how to build a strong defence for your case. 

Vladimir Semyonov is a drunk driving defence lawyer based in Newmarket. Semyonov has years of criminal law experience under his belt and specializes in criminal defence and immigration legal services.

If you need a trusted impaired driving lawyer in Newmarket, Semyonov Law can help strengthen your case in court. Call us at (647)-292-3377. 

Let’s go over what constitutes a DUI charge, how to create a strong defence for the charge, and why Mr. Semyonov is your key choice for legal representation. 

 

DUI Charges and Bail

A DUI occurs when you are pulled over and the officer determines that you are driving under the influence of alcohol, drugs, or other substances that could impair your faculties. If you’re lucky, the charge can be dismissed before the actual trial starts. They are otherwise settled between defence lawyers, prosecutors, and judges and they’ll set the bail you have to pay, if applicable. 

If you are convicted of a DUI charge, you can face considerable jail time and be forced to pay hefty fines, depending on the severity of the charge. Moreover, you will have your driver’s license suspended and can even risk the chance of losing it altogether if you’re a repeat offender. 

 

Building a Defence Against DUI

You should always plead not guilty because the law considers you innocent until proven guilty. Some of the common ways DUI charges are dropped is if the defence argues that an officer did not follow the right procedure or if the district attorney has no sufficient evidence against you. The prosecutor themselves can drop or dismiss the charge along with the judges involved. 

Other ways of building a defence include arguing that a police officer did not have the proper grounds of stopping you during traffic. In most cases, they have the authority to stop you if you violated a speeding law or if you pose a threat to other drivers on the road. 

Your lawyer may also argue that your car was illegally searched without proper cause or a warrant prior to the arrest. Your freedom and personal belongings should not be inconvenienced by an outside party. 

Another common defence used is the argument that the sobriety and chemical test results were invalid or faulty. Testing machines can be inaccurate at times and results may not present the whole picture. Whatever defence your lawyer uses, just know that there are ways to avoid conviction and a criminal record. 

 

Semyonov Law is the Right Choice

Above all else, you should know that you always have a right to a lawyer. If an officer deprived you of this right, it can work in your favour as a viable defence or your case. Semyonov Law is one such law firm you can count on to represent your case and increase your chances of success in court. 

Vladimir Semyonov has your best interests at heart and will work hard to prove your innocence. He has extensive experience with Ontario’s intricate court system and is fluent in all manner of complex legal cases. He is the right man for your case and offers detailed consultation, fair pricing, and top-notch legal representation for your DUI case. 

 

Turn to Semyonov – A Trusted Drunk Driving Defence Lawyer in Newmarket

If you need immediate legal assistance and advice, you can call our offices at (647)-292-3377 any time and leave us a message 24/7.

If you’d like to leave us any thoughts, questions, or detailed concerns, email us at info@semyonovlaw.com or fill out our contact form.

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