Ayo Akenroye is a dedicated Toronto criminal defense lawyer who truly cares about his clients. He works tirelessly to put you in the best position possible based upon the facts of your case. After reviewing your case, he may consider a variety of potential defense strategies including:
- Insufficient Evidence. The Crown must prove all elements of the offence. If there is insufficient evidence, the Crown must withdraw the charges or, at trial, the jury must acquit.
- Insanity Defense. Also called the mental disorder defense, the defendant is not responsible if a disease of the mind rendered him incapable of appreciating the nature and quality of the act or of knowing it was wrong.
- Defense of Necessity. You may need to act unlawfully in an urgent situation of imminent peril if you had no reasonable alternative and the damages you inflicted are proportional to the harm you avoided.
- Ex Post Facto Laws. The Canadian Charter of Rights and Freedoms prohibits application of punishment for a crime based upon new laws passed after commission of the crime.
- Jury Nullification. Although rarely employed, a jury may acquit a defendant based upon a finding that the law under which the charges were brought is unconstitutional or inhumane.
- Police Misconduct. Improper police action may render an arrest unconstitutional or evidence inadmissible, such as a warrantless search, excessive force, entrapment or covering up exculpatory evidence.
- Alibi Defense. Our firm may present witness testimony, video, work records, travel documents or other evidence that puts you somewhere else at the time of the crime to prove you did not commit the crime.
- Mistake of Fact Defense. You may not have had the requisite mens rea, or intent to commit the crime, if you made a mistake of fact.
- Double Jeopardy. The Crown cannot try you for the same criminal charge twice once you have been finally convicted or acquitted.
- Coerced Confessions. A confession that was not voluntary is inadmissible in Canadian criminal courts. We may be able to prove that improper police techniques coerced an involuntary confession out of you.
- Self Defense. You have the right to use force to defend yourself against an unprovoked assault if you use no more force than necessary to avoid grievous bodily harm or death.
- Intoxication Defense. In a crime that requires specific intent, you may argue you could not form the intent because of intoxication. Intoxication may reduce crimes, such as murder to manslaughter.
- Statute of Limitations. The Crown has an obligation to bring charges against you within the deadline established by law or you cannot be charged with the crime.
- Due Process Violations. The Canadian Charter of Rights and Freedoms guarantees a fair system of justice and protects your rights if due process has been violated.
- Claim of Right. You cannot be convicted of stealing property to which you had a claim of right under Canadian law.
- Defense of Others. Just as with self-defense, you have the right to use force to defend another person against an unprovoked assault if you use no more force than necessary to avoid grievous bodily harm or death to that person.
- Entrapment Defense. You might never have committed the crime had the police officer not induced you to do so, giving rise to an entrapment defense.
- Procedural Defenses. Did the judge commit an error by improperly admitting evidence? Did the Crown withhold exculpatory evidence from you? Did a juror engage in misconduct? These are examples of procedural issues that you may use as a defense.
- Lack of Jurisdiction. The court must have jurisdiction over your case or must dismiss. However, the Crown may then bring a case in the proper jurisdiction.
- Consent. If the alleged victim consented to the act, you may not have committed a crime. Consent is commonly applied in a sexual assault or assault charge.
- Mistaken belief in consent. In some cases, your mistaken belief that the alleged victim consented negates intent and so relieves you of criminal liability.
Build a Solid Defense Against the Charges Lodged Against You
If you have been charged with a crime, you must take action to protect your rights and mitigate potential sentences. Learn more about your defense options in a free 30-minute consultation with experienced criminal defense lawyer Ayo Akenroye