Types of Crimes and Criminal Defences

Learning about types of crimes and criminal defences empowers you to navigate the legal landscape effectively. Plus, you can recognise potential threats to their safety and take preventive measures. 

 

If you're facing a criminal charge, you may want to consult a Toronto criminal lawyer. A skilled and experienced lawyer can offer expert advice tailored to your specific situation. 

Common Types of Crimes

Here are some common types of crimes based on statistics:

Theft

Theft involves unlawfully taking someone else's property with the intent to permanently deprive them of it. This crime can range from petty theft to grand larceny, depending on the value of the stolen items.

Burglary

Burglary is breaking into a building or dwelling with the intent to commit a crime, usually theft. It emphasises unlawful entry, irrespective of whether a theft occurs.

Assault

Assault is the intentional act of causing apprehension of harmful or offensive contact. It doesn't necessarily involve physical harm but includes the threat of it, causing fear or intimidation.

Robbery

Robbery combines theft with the use of force or threat of force. It's a more severe crime as it directly endangers the victim during the act of stealing.

Drug Offenses

Drug-related crimes involve illegal possession, distribution, or trafficking of controlled substances. The severity varies by the type and quantity of drugs involved.

Fraud

Fraud refers to deceitful practices to gain an unfair advantage, typically financially. This encompasses a broad range of activities, from credit card fraud to identity theft.

Cybercrime

In the digital age, cybercrime includes offences like hacking, identity theft, and online fraud. Perpetrators use technology to commit various illegal activities.

DUI (Driving Under the Influence)

Driving under the influence of alcohol or drugs is a common criminal offence. Drunk driving poses a significant threat to public safety and that's why it's heavily penalised to deter potential harm.

Domestic Violence

Domestic violence involves physical, emotional, or psychological abuse within intimate relationships. This crime typically carries serious legal consequences to protect victims.

White-Collar Crimes

White-collar crimes are non-violent offences committed by individuals or corporations for financial gains, such as:

• Embezzlement
• Insider trading, and
• Corporate fraud.

Types of Criminal Defences

The following criminal defences are used by defendants to reduce the severity of potential sentences:

Self-defence

Self-defence is a widely recognised defence where an individual uses force to protect themselves from imminent harm. The response must be proportionate to the threat faced.

Insanity defence

The insanity defence argues that the defendant, due to a mental disorder, was unable to comprehend the nature of the crime or understand that it was wrong at the time of the offence.

Alibi

An alibi defence asserts that the accused was elsewhere during the commission of the crime, presenting evidence to prove they couldn't have been at the scene.

Duress

Duress involves committing a crime under the threat of immediate harm or death. This defence argues that the accused had no choice but to engage in illegal activities to protect themselves.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they wouldn't have otherwise committed. This defence highlights the improper conduct of authorities.

Intoxication

In cases of involuntary intoxication, where someone consumes a substance unknowingly, the defence can argue that their impaired state led to the commission of the crime.

Consent

Consent is a defence in cases like assault or certain sexual offences. It asserts that the alleged victim willingly agreed to the actions in question.

Statute of Limitations

Some defences rely on the expiration of the statute of limitations, arguing that too much time has passed since the alleged crime, making prosecution unfair.

Mistaken Identity

Mistaken identity claims that the accused is not the person who committed the crime, often relying on witness misidentification or lack of reliable evidence.

Necessity Defence 

The necessity defence argues that the accused had to commit the crime to prevent more significant harm. It requires demonstrating that the harm avoided outweighs the harm caused.

How Can A Criminal Defence Lawyer Help? 

Here are the benefits of hiring a criminal defence lawyer:

Legal Expertise

Criminal defence lawyers bring in-depth knowledge of criminal law, navigate complex statutes, and build robust defence strategies based on their expertise.

Evidence Evaluation

Criminal defence lawyers thoroughly analyse evidence, seeking inconsistencies or legal loopholes to challenge the prosecution's case and strengthen the defence.

Negotiation Skills

Criminal defence attorneys adeptly negotiate with prosecutors for plea bargains or reduced charges, aiming to secure the most favourable outcomes for their clients.

Courtroom Representation

In court, defence lawyers skillfully present their client's case, cross-examine witnesses, and argue legal points, ensuring a fair trial and advocating for the best possible verdict or sentence.

 

If you're facing a criminal charge, it's important to know the criminal defences applicable to your case. A lawyer can help you in this regard.