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Charged with a sexual assault offence? Everything you need to know to strengthen your case with a professional assault lawyer in Newmarket

If you have been charged with sexual assault, do not hesitate to call our experienced law firm to strengthen your case and get you properly prepared. As a criminal defence lawyer in Toronto, Mr. Semyonov can appear on behalf of you in court and give you regular updates on your pending case. Sensitive circumstances cannot be left to chance; trust the expertise of a reputable assault lawyer in Newmarket to represent you justly.

Mr. Semyonov has a reputable track record of defending crimes of sexual assault while garnering an esteemed reputation for professional advocacy. He will work with you carefully to identify a comprehensive understanding of your specific case through detail-oriented preparation and experienced knowledge of the Canadian Criminal Code.

 

What happens when someone is charged with sexual assault in Ontario?

Sexual assault is broadly defined in Canadian law and includes unwarranted sexual activity, such as kissing and fondling, and unwanted sexual acts, including verbal and physical instances. Sexual assault includes, but is not limited to, the form of:

  • Sexual touching
  • Sexual exploitation
  • Sexual interference
  • Voyeurism
  • Rape

The Supreme Court of Canada has included some general factors to consider a reasonable person would perform a sexual act that constituted the assault charge:

  • Which body part was touched;
  • The nature of the contact of the specific part of the body in question;
  • The intent of the accused;
  • If there was any sexual gratification that occurred;
  • Any additional words or gestures that accompanied the touching;
  • The environment in which the situation occurred;
  • Any further circumstances surrounding the conduct.

 

What must the accused prove in a sexual assault case?

Under section 273.2 of the Criminal Code of Canada, the person engaging in sexual conduct must take reasonable steps before performing the sexual act to ensure that the complainant is fully consenting. The accused individual must demonstrate, in most cases, and the matters of their testimony, that they honestly believed that the complainant communicated consent to engage in an act of a sexual nature. 

Over the last three decades, several decisions have been made in the Canadian courts regarding the Criminal Code. The majority of sexual assault charges rely on three set provisions under the Criminal Code which are as follows:

  1. There was a lack of consent to the touch from the victim;
  2. Any touching that constitutes an assault within the definition of section 265 (1)(a);
  3. The touching occurred in sexual instances.

The accused needs to apply some force to the victim for the above provisions to qualify, and the touch may be direct or indirect. For example, you can be charged with sexual assault if you use another person to perform the act of touching. Furthermore, the touch does not have to involve any sexual parts of the body, nor does the touch have to be sexual.

Semyonov Law will strengthen your case and help you provide defence if you have mistakenly believed that there was consent at the time of the incident. 

 

The importance of Mens Rea

Mens Rea refers to the mental element of the alleged crime; the mens rea component of a charge refers to what the accused was thinking concerning the charge. This is viewed from a subjective perspective, meaning that the mens rea is subjective to the accused unless the Canadian Criminal Code indicates an objective standard.

There are two elements that the Crown prosecutor must prove to demonstrate mens rea in sexual assault:

  1. That the accused intentionally acted;
  2. That the accused was aware of the lack of consent from the victim to provoke the sexual act.

If the Crown prosecutor fails to prove these two provisions, the accused may be excused or have a reduced sentence. However, the Crown prosecutor needs only to prove that the accused intended to touch the victim to satisfy mens rea. Even if there is no evidence of physical contact, mens rea can still be fulfilled.

 

If you have been charged with sexual assault, every second counts in strengthening your case! | Qualified criminal defence lawyer in Toronto

We have the legal knowledge to steer you in the right direction during your court proceedings, afford you peace of mind by addressing your concerns quickly and accurately, and improve the chances of your success in court. The law of sexual assault is increasingly complex and intricate, and every small detail matters when building your case. 

Contact us today at 647-292-3377 to discuss your options and you require reliable prudent legal advice.

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Bail Hearings and Sureties in Ontario, What You Need to Know for Success | Experienced Domestic Defense Lawyer in Toronto and Newmarket

A bail hearing serves critical importance in every stage of a case. 

The failure to make bail can exert large consequences on innocent Canadians to plead guilty to charges they did not commit. A successful bail results in liberty, peace of mind and knowing you have a favourable future. Mr. Semyonov is an experienced domestic defence lawyer in Toronto that has extensive experience in legal areas including bail hearing, DUI cases and sexual assault matters.

Mr. Semyonov is a prudent DUI lawyer in Toronto, and our law firm will leverage your individual case in creating an effective and strategic defence for a favourable outcome. He will additionally appear on behalf of you at every court and tribunal appearance, allowing you to focus on your work and family, and not on your pending case. 

If you or someone you know has been arrested, we provide you with a guide on everything you need to know about Ontario bail hearings. 

 

What is the purpose of a bail hearing?

Upon an individual’s arrest, they may be released pending the first court date, or be kept in custody. If kept in custody, the accused must be brought forward before a justice within 24 hours for a bail hearing, or for some specific criminal charges, a detention order will be placed in a detention order, for which the accused can apply for a bail hearing before a judge.

 

If I have not been granted bail, can I apply for a bail review?

Applying for a bail review requires the filing of materials at the Superior Court including a copy of the transcript of the original bail hearing. The time and expense needed to ensure that all materials and documents are in order will take several weeks and large financial costs, so it is vital that you enlist the help of a trusted criminal defence lawyer to advise you on your best course of action and alleviate the complexities of your bail hearing.

 

What happens when you are held for a bail hearing?

At the time of the bail hearing, the Crown will determine if the accused will be released from custody for the period preceding the trial. The purpose of a bail hearing is for the Crown to ‘show cause’ on why the accused should not be granted release before the assigned court date. Under section 515 of the Canadian Criminal Code, an accused individual will be released pending trial unless the prosecutor proves why detention under three grounds;

  • The primary ground; to ensure the accused’s attendance in court,
  • The secondary ground; for the protection and safety of the public,
  • The tertiary ground; to maintain confidence in the administration of justice.

However, under section 515.6 of the Canadian Criminal Code, the onus is reversed and the accused must provide proof why they should not be detained preceding their trial date. One example might include the onus on the accused where they are charged with failing to comply with a condition of a recognizance or undertaking, while they were on release for an earlier charge that is still pending.

 

What is a surety?

The chances of an individual being granted bail are increased when they have a responsible surety that can ensure the individual is punctual and abides by all the rules and regulations that have been set.

A surety must be a responsible individual that understands the significance of ensuring that the accused acts responsibly, following rules implemented by the court. The act of being a surety should not be taken lightly, and it is only approved by an esteemed judge if they believe you are properly suited for the duty.    

A surety is an individual who is approved by the court to supervise a person who is facing criminal charges. They have two main responsibilities:

  1. To ensure that the accused follows the rules of the bail;
  2. To ensure that the accused attends court when required.

A surety is expected to call the police if the accused refuses to attend court dates, or breaks the rules that have been implemented in court. Additionally, a surety is also required to call the authorities if the accused refuses to attend court from the jurisdiction.

 

If you have been accused of a criminal charge, you need a reliable criminal defence lawyer in Toronto!

If you have been accused of a criminal charge, your bail hearing is an imperative step in the criminal court process. At Semyonov Law, we will appear in court on your behalf to strengthen your case and ensure that all documents are properly presented. We can help you throughout the process, every step of the way.

Contact us today and get experienced legal representation on your side.

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.

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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

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