Criminal Defense Attorney for Harassment
Criminal Defense Attorneys in Montreal
Need a criminal defense attorney for harassment
Criminal Defense Attorney for Harassment
Facing a criminal harassment charge is a stressful ordeal that requires prompt action from our team at Riendeau Avocats. Under the law, for a charge to stand, the prosecution must prove that you engaged in prohibited conduct (following, repeatedly contacting, watching a location, or acting in a threatening manner), while knowing that the targeted person would feel harassed by such conduct, and that the person objectively and reasonably feared for their safety.
Since even a single isolated act of surveillance or a threat can sometimes be enough to warrant a criminal charge, it is crucial that you entrust your case to us so that we can analyze the evidence, evaluate your defense options, and act quickly to minimize the impact on your future.
Intimidation under the Criminal Code
As you can see, the prosecution must meet various strict and cumulative criteria for the act to legally constitute criminal harassment. Therefore, it cannot be said that every form of intimidation, persistent behavior, or interpersonal conflict automatically constitutes this criminal offense.
Indeed, the line is sometimes thin between a difficult breakup, a heated argument, or an awkward exchange, and a genuine criminal act. For a conviction to occur, it is not enough for the complainant to simply say they were upset or offended by your actions. The complainant’s fear for their safety must be deemed objectively reasonable by the court, and the prosecution must prove all elements of the offense beyond a reasonable doubt.
If even one of these initial criteria is missing—for example, if you had no intention of harassing the person, if the repeated nature of the actions is not proven, or if the person’s fear is deemed exaggerated given the context—the charges could collapse.
This is precisely where the expertise of our team at Riendeau Avocats lies: we meticulously analyze the statements and the overall context to identify these weaknesses, demonstrate that your actions do not meet the strict criteria of the Criminal Code, and thus build a strong defense to have the charges dismissed.
An accusation of harassment can have
serious consequences .
Workplace harassment
Not all forms of harassment are considered a crime. For example, a situation involving psychological or sexual harassment perpetrated in the workplace by a coworker is not necessarily a crime. The complaint would be filed in accordance with the Act respecting labour standards; it is not criminal law.
Harassment and Bullying in the Digital Age (Cybercrime)
Bullying in the Digital Age
As mentioned, repeatedly contacting someone can lead to a harassment complaint. In the age of technology and social media, the ability to communicate instantly has made cases of harassment via text messages or social media increasingly common. When an offense is committed using a computer or a phone, it is referred to as cybercrime.
Digital Evidence
This type of case warrants special attention. Indeed, once conversation histories, emails, or text messages are submitted as evidence, it is often very easy for the prosecution to prove harassing behavior. At Riendeau Avocats, we frequently handle cybercrime cases. We know how to analyze this complex digital evidence to defend your interests.
How can we help you?
Our team is here to guide you every step of the way with tailored solutions and ongoing support, whether you need advice, technical assistance, or help defending your rights.
The Team at Riendeau Lawyers: 20 Years of Expertise in Defending Against Harassment Charges.
With a team of experienced attorneys—some of whom have more than 20 years of experience practicing law—our firm is the go-to choice for anyone facing criminal harassment charges.
Over the years, we have developed specialized and in-depth expertise in harassment and cyberbullying cases. This specialization has enabled us to secure numerous acquittals for our clients, even in situations that initially seemed hopeless. We are well-versed in the technical nuances (including the rigorous analysis of digital evidence such as text messages and emails), procedural loopholes, and defense strategies necessary to protect your reputation, your freedom, and your criminal record.
But beyond our performance in court, it is our human approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every case is a person going through a stressful time, when interpersonal conflicts or misunderstandings can quickly spiral out of control. Our top priority remains the rigorous defense of our clients and the favorable resolution of complex cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
Has someone filed a complaint against you with the police, and are you now facing charges of criminal harassment?
Do not hesitate to contact Riendeau Avocats! Our lawyers will vigorously defend you and do everything in their power to obtain an acquittal or help you avoid a criminal record. Contact our firm to learn about your chances of success and the various steps involved in resolving your case.
Why choose Riendeau Avocats for your criminal harassment defense in ?
You’re not automatically guilty
Being the subject of a complaint filed by your spouse or ex-spouse does not automatically mean you will be found guilty. In these cases, which often hinge on conflicting accounts (“he said, she said”), it is essential to consult an experienced legal team to analyze the evidence, assess the credibility of the testimonies, and determine your actual chances of success.
Proven expertise
At Riendeau Avocats, we handle a significant number of domestic violence cases each year. We are well-versed in the complex case law surrounding these charges (such as self-defense) as well as alternative resolution options, such as a peace bond (Section 810). If a defense is possible, we will build the strongest strategy for you.
Defending Your Rights and Working Conditions
If your rights were not respected during the police intervention, we will defend them with the utmost rigor. Furthermore, we know that the conditions of release (no-contact orders, exclusion from the home) are often the most pressing concern. We work tirelessly to have these conditions modified and to minimize their impact on your daily life.
A charge of criminal harassment can have serious consequences
Contact us for fast, personalized answers to your questions.
Penalties for Stalking
Nature of the Charges
Penalties vary greatly depending on the nature of the alleged actions and the context. A harassment charge can result from various types of behavior: repeated communications (text messages, phone calls), surveillance of a location (home, workplace), persistently following someone, or any threatening act that causes a person to fear for their safety.
Peines et conséquences
The Criminal Code provides for severe penalties for criminal harassment. If you are convicted, penalties can range from strict conditions (probation, a no-contact order) to a maximum prison sentence of 10 years, in addition to a criminal record.
Tips
Given the serious impact this could have on your personal and professional life, it is essential to protect your rights. Contact our team of criminal defense attorneys immediately so they can analyze the evidence (including chat histories) and develop a strategic defense.
Your Questions About Stalking
Facing a harassment allegation can raise many questions and cause immense stress. Our FAQ helps you understand the strict legal criteria, the possible consequences, and your defense options, so that you can act quickly and confidently with the help of our specialized attorneys.
Stalking involves prohibited behavior (following a person, repeatedly contacting them, watching their home, or acting in a threatening manner) that causes that person to feel harassed and to fear for their safety. For a crime to have been committed, this fear must be deemed “reasonable” under the circumstances.
In general, the law requires “repeated” behavior (such as sending multiple messages). However, if the act is considered a direct threat to the person’s safety or involves stalking or surveilling their residence, a single act—depending on its severity—may sometimes be sufficient to warrant a charge.
This refers to the act of committing the offense of harassment through technological means (text messages, emails, repeated calls, social media). These cases leave a strong digital footprint (conversation history). Our team is experienced in analyzing and challenging this type of digital evidence.Accordion content
Intent to cause harm is not always required for a conviction. If the prosecution proves that you knew the person felt harassed, or that you acted with “recklessness” (that is, by turning a blind eye to the impact of your actions), the charge could still stand. This is why a strong defense is so important.
Yes. One of the key elements of harassment is that the person’s fear for their safety must be objectively reasonable. If a judge determines that a reasonable person in the same situation would not have feared for their safety, you could be acquitted.
Stalking is taken very seriously. Penalties can range from probation with strict conditions to a maximum prison sentence of 10 years, in addition to a criminal record that will limit your ability to travel and your employment opportunities.
Yes, depending on the seriousness of the offense and your background, there are solutions. For example, we can negotiate with the Crown to replace the charges with a peace bond (also called a peace bond or section 810), which does not result in a criminal record.
The natural instinct is to try to explain yourself in order to “set things right,” but that’s a mistake. You have the fundamental right to remain silent. Anything you say can and will be used against you. Politely refuse to answer any questions and contact our firm immediately.
Absolutely not. The conditions of your release prohibit both direct and indirect communication. Asking a loved one to pass on a message constitutes a violation of the conditions (a new criminal offense) and can lead to your immediate incarceration. Furthermore, only the prosecutor (DPCP) can withdraw the complaint; the person themselves cannot.
We meticulously analyze the prosecution’s evidence to find weaknesses (Was the fear unreasonable? Was the behavior truly repetitive?). We negotiate to have the charges dropped or reduced, we work to modify your release conditions if they are too severe, and we vigorously defend you if a trial is unavoidable.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
