Criminal Harassment Defense Lawyers in Toronto

Defending Criminal Harassment Charges in Toronto

Are you facing the tricky waters of criminal harassment charges in Toronto? You are not alone. Often called “stalking,” this offence involves repetitive actions aimed at harassing, scaring, or simply getting under someone’s skin, with a hint of obsessive behaviour thrown in. If you are caught in this net, it is crucial to bring a seasoned criminal defence lawyer on board.

Enter Kazandji Law, a team of smart Toronto-based legal attorneys specializing in criminal defence. We have a skill for turning the tables in favour of clients trapped in criminal harassment or domestic-related legal troubles.

What is Criminal Harassment in Canada

Imagine someone constantly shadows you or someone close to you. This could be physically following you around or texting a lot of messages. It’s like having an unwanted shadow that will not go away. 

Under the Criminal Code (section 264(1)), it is a crime to engage in harassing conduct, on purpose or knowing or not caring whether it harasses the other person, if it could reasonably be expected to make them believe their safety, or the safety of someone they know, is threatened. Before July 18, 2026, the Crown also had to prove the person was actually afraid.

What counts as harassment?

• If someone is always showing up wherever you or your friends are.
• If they keep contacting you, even when you have made it clear you are not interested, that is another.
• And if they are hanging around your house, workplace, or favourite coffee shop to keep an eye on you, that’s definitely crossing the line.

Getting Charged With Criminal Harassment

The label of criminal harassment often carries a mysterious vibe. Thanks to media reports, there is a common misconception that such charges inevitably escalate to serious crimes like murder or sexual offences. However, in reality, the actions leading to these charges frequently do not meet the strict legal criteria of criminal behaviour. Kazandji Law recognizes that being accused of criminal harassment does not automatically make someone a “stalker.”

The Act Of Criminal Harassment

• Understanding Criminal Harassment: It is not just about feeling uneasy; when someone persistently follows you or keeps tabs on your friends, it is a serious matter for the courts.

• Threatening Behavior: It is more than just an uncomfortable vibe. If someone’s actions make you fear for your safety, it’s time to speak up.

• Legal Boundaries: To cross the line into criminal territory, the person harassing you either knows they are causing pain or they are so careless they might as well know.
• Safety First: The bottom line? If their behaviour makes you worry about your safety or that of your friends, it is a red flag that should not be ignored.

Criminal Harassment Penalties

Firstly, there is the immediate headache of a criminal record, fines, and probation. But that is not all – you could be looking at up to 10 years behind bars in extreme cases.

Often, courts slap a ‘no-contact’ order on the guilty party, meaning zero interaction with the victim. Also, you might have to attend counselling sessions as part of your probation deal.

Criminal harassment lawyer stats reveal that such convictions can even mess with your immigration status or lead to deportation. Planning a holiday? Some countries might roll down their ‘No Entry’ signs for you. 

What Is the Sentence for Criminal Harassment?

It’s called a hybrid offence, like how a Prius runs on both gas and electricity. The prosecutor gets to choose their path – indictable or summary.

Let’s break it down as per Section 264(3) of the Criminal Code of Canada:

• Rock concert level (indictable offence): You could be looking at up to a decade behind bars.
• Acoustic set level (summary offence): This could mean up to 2 years in prison and being lighter by $5,000.

Now, while the Criminal Code does not throw mandatory sentences at you, do not think you are off the hook. A judge can turn up the volume on your sentence, especially if you have been misbehaving before, like breaking a peace bond during the offence.

How to Prove Harassment in Court

To prove criminal harassment, the Crown has to show four things:

1. Conduct: that the accused did one of the kinds of conduct listed in section 264, such as repeatedly following or communicating with the person, monitoring their location or social interactions, watching their home or workplace, or threatening them or anyone, or any animal, they know.
2. No lawful authority: that the accused had no legal right to act that way.
3. State of mind: that the accused meant to harass the person, or knew or was reckless about whether the conduct would harass them.
4. Effect: for conduct on or after July 18, 2026, that the conduct could reasonably be expected to make the person believe their safety, or the safety of someone they know, was threatened. The Crown no longer has to prove the person was actually afraid, and safety includes psychological safety. For conduct before that date, the Crown must prove the person was really afraid and that the fear was reasonable.

How Do You Fight Harassment Charges in Toronto

Harassment charges are not a one-size-fits-all situation. At Kazandji Law, we get that. Each case is like a unique mystery, and we are the experts at solving them. Our strategy? We zero in on the prosecution’s claims, studying every tiny detail.

From the incident itself, your identity, your intentions, to whether the accuser really had a reason to be scared.

Do you have harassment charges hanging over your head, or do you know someone who does? Give us a ring at 647-588-3234 for a no-cost case evaluation.

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