AREAS OF PRACTICE

The Vancouver Criminal Defense Law Practice of Emmet J. Duncan defends clients charged with any criminal and quasi-criminal offence. Some of the main criminal, drug and provincial offences which Mr. Duncan defends his clients against include:

PROPERTY OFFENCES

FRAUD / IDENTITY THEFT

The Criminal Code contains a variety of offences designed to punish people for defrauding any person or the public of any property, money, valuable security or service.  Depending on the size of the fraud, an accused can be charged with committing a fraud of either “over” or “under” $5,000.

To obtain a conviction for fraud, the Crown must prove that the Accused knew that what he or she was doing was going to deprive someone else of their money or property, and that doing so was deceitful.

“Identity theft” is a sophisticated form of fraud in which the Crown alleges that someone has used someone else’s personal information to fraudulently obtain credit (e.g. credit cards).

Identity theft can be difficult for the Crown to prove, because it can be committed more anonymously than other forms of fraud.  However, given the rising problems of identity theft in recent years, both the police and Crown are devoting more resources including dedicating particular detectives and Crown counsel to detecting and prosecuting the offence.

Having an experienced and knowledgeable counsel for the defence is often the difference in such a prosecution.

PROPERTY CRIMES

There is a whole section of the Criminal Code devoted to offences relating to property.  Among the most common offences are theft, “possession of stolen property”, robbery, “breaking and entering”, and mischief.

Theft is the offence of taking something without having a legitimate claim to it.  It can involve virtually any form of property and relate to something as small as shoplifting, to money or property of almost priceless value.

Possession of Stolen Property is the offence of possessing something which the person knows was previously taken from the rightful owner.  An accused can be convicted of this offence even if the item is not in his or her personal possession – being in control of it may be sufficient for a charge and a conviction.

Robbery is an extremely serious offence in which someone uses or threatens to use violence during the course of stealing.  The maximum penalty for robbery is life in prison and when it is charged, the Crown treats it very seriously.

Breaking and Entering is an offence that punishes someone for going into a place where they know they are not meant to be and either intending to, or actually committing, some other offence.  Where the place is a residential dwelling house, the Crown and courts treat the situation as being very serious and the maximum penalty is life in prison.

Home Invasion

Although there is no actual criminal charge of “home invasion”, the Criminal Code requires a Court to consider it “aggravating” where a person commits a robbery, extortion, unlawful confinement or breaking and entry of a residence.

The defences to such a designation are varied, but because the consequences of such a finding can be very serious, it is imperative that skilled and experienced counsel assist an accused person.

Mischief is the offence of damaging, destroying or interfering with property.  It can in circumstances as simple as vandalism or graffiti, or as complex as interfering with computer systems and data.  Depending on the circumstances, the penalty can be quite high.

For a sampling of recent successes that Vancouver Criminal Defence Lawyer Emmet J. Duncan has enjoyed for his Clients, browse his Recent Successes in Defending Property Offences.

** Please be advised that these definitions and information are not comprehensive legal definitions.  They are designed to provide a brief and basic description of some of the most common criminal charges.  As with all criminal charges, available defences will vary depending on the individual circumstances of each case.   As such, the content of this website is not legal advice.   Do not use or otherwise rely on any of the following content without first seeking proper legal advice.**