Criminal Harassment Lawyers in Toronto

Criminal Harassment

While criminal harassment may not seem like a severe charge on its face, it can be. It carries the possibility of a very lengthy prison sentence. Hiring a lawyer can help you avoid this prison sentence altogether.

In Ontario, criminal harassment charges are taken extremely seriously by police, Crown prosecutors and judges. A single mistake, misunderstanding or emotional dispute can quickly escalate into a formal charge that follows you for years unless a skilled criminal harassment lawyer in Toronto steps in to protect your record and reputation.

What Does Criminal Harassment Mean?

Harassment does not mean that you actually caused the complainant any injury or bodily harm. It also does not mean that you actually threatened the complainant. Instead, you must have tormented, troubled, worried, or badgered the complainant with your actions and behaviours. It is more than merely annoying the complainant and less than actually threatening them. The behaviour also needs to be repeated and ongoing.

Criminal Harassment Charges

With criminal harassment on the rise in Canada for several years in a row, the police, prosecution and courts view it as a serious offence. This approach is echoed by the Criminal Code of Canada, setting a higher penalty for criminal harassment than for direct assault.

Criminal harassment charges involve stalking, spying and other forms of threatening and intimidating behaviour, making the victim continually worried. For criminal harassment charges to take place, it is not necessary for the conduct to contain threats or violence. In fact, the offence of criminal harassment can take place even without spoken words at all.

When criminal harassment is directed at an offender’s intimate partner or a family member, the charges will be classified as domestic. Considering that the Canadian Criminal Code views domestic violence as an aggravating factor, the court will impose higher penalties for domestic harassment.

Common Criminal Harassment Scenarios in Toronto and Ontario

Criminal harassment charges can arise out of everyday situations that spiral out of control. Our criminal harassment lawyers in Toronto most commonly see allegations in the following contexts:

• Breakdowns in intimate relationships – repeated calls, texts, social media messages or uninvited visits after a breakup.
• Family disputes – ongoing contact with a former partner or family member during parenting or property disagreements.
• Neighbour conflicts – watching, recording or following a neighbour in a way that causes them to fear for their safety.
• Workplace-related disputes that turn criminal – behaviour that begins as a workplace disagreement but escalates into repeated contact or threats that attract police attention.
• Online and social media harassment – anonymous or persistent messages, posts or comments that leave the complainant feeling targeted and afraid.
• Random encounters or misunderstandings – contact with someone you barely know that is interpreted as stalking or intimidating behaviour.

In each of these situations, the question is whether the Crown can prove a pattern of behaviour that would cause a reasonable person to fear for their safety. An experienced Toronto criminal harassment lawyer can often show that the conduct was taken out of context, exaggerated or does not meet the strict legal test for harassment.

Sentence for Harassment in Ontario

Since criminal harassment is a hybrid offence, the Crown can proceed with the charges either by indictment or summarily. For the indictment process, the maximum sentence is 10 years in prison. If the criminal harassment charges are tried summarily, the maximum penalty can be two years less a day and/or a $5,000 fine.

When imposing sentences for criminal harassment, judges need to consider aggravating factors, which include:

• breaching the conditions of a prohibition order or a peace bond that existed at the time of committing harassment,
• contravening any other “order, recognizance or undertaking” at the time of the offence,
• evidence that the offender abused an intimate partner or member of the family,
• any other aggravating circumstances related to the offence or the offender.

Retaining experienced harassment lawyers can help increase the chances of obtaining a more favourable outcome in your criminal case. A skillful lawyer can help secure more lenient sentencing, such as a suspended sentence, a discharge order, a monetary fine or a shorter prison term, or even have the charges dropped or dismissed.

Defence Strategy for Harassment Charges in Toronto and the GTA

Although all criminal harassment charges are fact-specific, there are common defence strategies that can be applied depending on the circumstances. The list of the common defences to criminal harassment charges in Ontario includes:

• factual innocence defence based on reasonable doubt in the prosecution’s case,
• unreasonable fear defence showing that alleged actions could not reasonably induce fear,
• lack of intent to harass the complainant and absence of willful blindness regarding the alleged actions causing the victim to be harassed,
• having lawful authority to contact the victim, for example, to enforce child access and visitation orders.

An experienced criminal harassment lawyer in Toronto can further adapt these defences to your case, test every element of the Crown’s evidence and significantly increase your chances of obtaining the best possible outcome – whether that means withdrawn charges, an acquittal or a non-custodial sentence.

Arrest and Bail

If you are arrested for criminal harassment, the police can release you or detain you in custody until a bail hearing. If you are detained, the police must bring you for the bail hearing in court within 24 hours after arrest or as soon as possible.

After arrest, you have a constitutional right to remain silent and retain a criminal harassment lawyer. It is in your best interests to exercise these rights, avoid answering any questions or making any statements, and contact Toronto harassment lawyers near you as soon as possible.

During the bail hearing, your lawyer will negotiate with the Crown and propose a bail plan for your release. In many cases, a bail plan involves individuals known as “sureties” who pledge a certain amount of money that is paid if you violate your bail terms.

When you face criminal harassment charges in Ontario, the bail conditions can be more restrictive, especially when the allegations involve an intimate partner or a family member. Your criminal harassment lawyers will negotiate with the Crown, address any concerns raised by the prosecution and demonstrate to the court why you should be granted bail on the less restrictive terms.

Awaiting trial for harassment charges

While you await the trial, your lawyer can start developing a defence strategy to minimize the charges. As a first step, the lawyer will request full disclosure of evidence from the prosecution. Since the Crown would disclose certain information only to legal counsel, retaining harassment lawyers comes with the advantage of accessing all information the Crown has against you and using it for a successful defence.

If you retain criminal harassment lawyers early, they will participate in pre-trial appearances on your behalf and negotiate with the prosecution and the court during Crown pre-trial (CPT) and Judicial pre-trial (JPT). If the prosecution decides to proceed by indictment, your lawyer will advise on choosing the mode of trial in provincial court or Superior Court, by judge alone or by jury, to have the best chances for a successful defence.

Consequences if found guilty of criminal harassment

If someone is convicted of criminal harassment in Canada, they can face a range of penalties. The potential consequences can include probation, fines, criminal record and a prison sentence of up to several years, with a maximum of 10-year jail time for the most severe cases.

When someone is convicted of criminal harassment, they may also expect a mandatory weapon prohibition order for not less than 10 years starting at release from custody. Also, while a DNA Order for criminal harassment charges is discretionary, the Crown regularly requests offenders’ DNA to be included in the National DNA Data Bank (NDDB).

In cases where the accused receives a suspended sentence, discharge order, prison time of up to two years and/or a fine, a sentence may also include a probation order. When placed on probation, the accused will be ordered not to have any contact with the victim and may be obliged to take part in counselling sessions.

In addition, a conviction always results in a criminal record with far-reaching consequences for employment, housing, travel and social opportunities. When facing criminal harassment charges, you need the assistance of experienced lawyers to minimize the repercussions of the allegations.

A criminal record for harassment can also affect professional licensing, security clearances and your ability to travel to the United States or other countries. Many employers, landlords and volunteer organizations run background checks. Having a criminal harassment charge – even if it did not involve violence – on your record can close doors for years. Working with a knowledgeable lawyer for harassment gives you the best chance to avoid these long-term consequences.

Why Is It Important to Contact a Harassment Lawyer for Charges Dropped?

In light of the stance of the police, the Crown and the courts, retaining a skilled harassment lawyer in Toronto early in the process is crucial to challenge criminal harassment charges in Ontario. Involving an established Toronto criminal harassment lawyer is often the best way to have the charges dropped, dismissed or reduced before they ever reach trial.

An experienced lawyer for harassment cases can:

• advise you on your legal options and help you navigate the Canadian justice system,
• facilitate your release on bail and demonstrate to the judge why you should be released on the less restrictive conditions,
• obtain all evidence the Crown has against you, whether they plan to use it during the trial or not,
• negotiate with the prosecution and the judge during pre-trial appearances and advocate for you inside and outside the courtroom,
• devise a defence strategy that is best adapted to your individual circumstances,
• challenge the evidence against you, raising a reasonable doubt about the prosecution’s case,
• vigorously advocate for you during trial to obtain the best possible outcome in your circumstances.

Criminal Harassment vs Workplace Harassment

People often search for a harassment lawyer when they are experiencing problems at work or when the police have become involved. These are two very different situations:

• Workplace or employment harassment usually involves bullying, discrimination or a toxic work environment. Those cases are typically handled by employment or human rights harassment lawyers.
• Criminal harassment involves police investigation, criminal charges and the risk of jail, probation, a weapons prohibition and a lifelong criminal record. In these cases, you need a criminal harassment lawyer in Toronto who focuses on criminal defence.

Vilkhov Law represents clients who are under investigation or charged with criminal harassment. If the police have contacted you, or you have already been arrested, speak with our Toronto harassment lawyers before you try to explain yourself to anyone else.

Successful Lawyer Cases of Criminal Harassment

1. R. v. A.L. – Criminal Harassment Charges Withdrawn After Defence Investigation

Charges: The client was accused of repeatedly texting, calling, and attending the residence of a former partner, resulting in a criminal harassment charge.
Defence: Our team obtained phone records, social media logs, and witness evidence showing that the contact was mutual and welcomed for most of the timeframe alleged by the complainant.
Result: After presenting this evidence during pre-trial discussions, the Crown agreed there was no reasonable prospect of conviction. All charges were fully withdrawn.

2. R. v. J.P. – Criminal Harassment and Threatening Charges Dismissed

Charges: J.P. faced allegations of following a co-worker to and from work, causing them to fear for their safety.
Defence: We argued that the alleged “following” was incidental because the individuals lived on the same street and travelled along identical routes. Surveillance footage supported the defence.
Result: The Crown Attorney withdrew all charges. No criminal record, no probation, no peace bond.

3. R. v. S.R. – Online Criminal Harassment Charge Resolved With No Conviction

Charges: The client was charged with criminal harassment due to persistent online messages and social media comments interpreted as intimidating.
Defence: We demonstrated that the messages lacked threatening content and did not meet the legal threshold for causing reasonable fear.
Result: The Crown agreed to a non-criminal resolution. The client avoided a criminal record entirely.

4. R. v. M.K. – Domestic-Related Harassment Charge Withdrawn

Charges: M.K. was charged after contacting a former spouse during a contentious family dispute.
Defence: The defence showed that the communication was related to parenting obligations and not intended to intimidate or threaten.
Result: After negotiations, the Crown withdrew the charge, preventing domestic-related consequences such as stricter bail conditions and no-contact restrictions.

5. R. v. D.N. – Harassment Allegations Proved Factually Unsupported

Charges: The complainant alleged that D.N. repeatedly appeared near their home and workplace.
Defence: GPS data, witness testimony, and employment records proved the client was nowhere near the complainant on the dates alleged.
Result: The case was dismissed at the pre-trial stage. All allegations were cleared.

FAQ About Criminal Harassment Charges in Ontario

Areas Our Criminal Harassment Lawyers Serve

Our team of experienced criminal harassment lawyers represents clients across Toronto and the Greater Toronto Area. Whether you are under investigation or already facing a criminal harassment charge, our defence team is prepared to act quickly to protect your rights and your record.

We regularly defend clients in:
Toronto, Scarborough, North York, Etobicoke, Mississauga, Brampton, Vaughan, Richmond Hill, Markham, Newmarket, Aurora, Barrie, and Innisfil, as well as surrounding communities throughout the GTA.

If you are searching for criminal harassment lawyers near you, you can count on Vilkhov Law to provide strategic, assertive, and results-driven defence wherever your charges arise.