Sexual Assault Defence Lawyer Mississauga, ON
Sexual assault is a criminal charge under the Criminal Code of Canada. To understand the punishment for sexual assault it is important to understand the provision under section 271 of the Criminal Code. Sexual assault is a hybrid offence and the prosecutor can decide whether to proceed summarily or by indictment. Indictment proceeding is treated more severely and the accused can elect a mode of trial whether by judge alone or judge and jury.
Sexual assault charge under section 271 of the Criminal Code reads: Everyone who commits a sexual assault is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Consent to voluntarily engage in sexual activity is one of the elements for this type of charge. Whether voluntary consent was obtained will be determined on the facts of your case.
There are also circumstances where consent is not accepted, and this also mentioned in the Criminal Code.
Sexual assault is a serious charge. It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of an sexual assault charge must be met. If you are charged with sexual assault you may have a defence available depending on the facts of the case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged sexual assault charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a sexual assault criminal defence lawyer regarding your criminal case. Its also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Sexual Assault Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. Criminal Defence Lawyer will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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