Harassment Lawyers
If you’re being investigated for or formally charged with criminal harassment, don’t make the mistake of navigating the criminal justice system alone.
Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.
Criminal harassment (or “stalking”) accusations can lead to significant jail time, fines, restraining orders, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But criminal harassment cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.
Our first consultation is privileged and confidential, with no obligation on you.
When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.
Criminal harassment cases can be won.
When you retain Pender Litigation, you’ll move forward with an experienced criminal harassment lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting offences.
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What is Criminal Harassment?
Criminal harassment, or “stalking”, occurs when you, without lawful authority, repeatedly follow, communicate with, or watch the home or workplace of another person with the intention of harassing, annoying or intimidating them.
Charges of criminal harassment often accompany those of domestic assault. While not a discrete offence, the domestic aspect is considered an aggravating circumstance on sentencing and can lead to more serious penalties than non-domestic charges.
Criminal Harassment in the Criminal Code of Canada
Concerning criminal harassment, section 264 of the Criminal Code states
264(1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
- repeatedly following from place to place the other person or anyone known to them;
- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- engaging in threatening conduct directed at the other person or any member of their family.
Punishment
(3) Every person who contravenes this section is guilty of
- an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
- an offence punishable on summary conviction.
Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
- the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
- the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
Reasons
(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.