Criminal Confinement Lawyers in Calgary

Criminal Confinement Charge

It is a criminal offence to confine, forcibly seize, of imprison another person without lawful authority. This charge could be described as a “kidnapping-related” offence and is an extremely serious charge.

This offence simply involves depriving someone of the freedom to move from one place to another. Unlike kidnapping, the victim does not need to have been carried away from one place to another for this charge to be made out.

Periods of very brief confinement can make out this charge. It is also important to know that the charge can still be made out even if the person who was allegedly confined, seized, or imprisoned did not resist.

This charge arises in two common scenarios, and is often accompanied by other charges, such as breaking and enteringtheftrobbery, or assault:

  1. In the context of a romantic relationship, the alleged victim is locked or otherwise held in a bathroom or bedroom for a period of time as a result of a fight or argument
  2. In the context of a residential or commercial robbery, the homeowners or employees are restrained or locked in a room so the perpetrators can commit other crimes undisturbed (sexual assault, theft, etc.)

Bail Conditions for Criminal Confinement Offences

Due to the seriousness of this charge, the Crown and police will insist that you be kept in custody until your charges are dealt with by the court, especially if the alleged victim is or was your wife or girlfriend.

We will be able to make the best case for why you should be released while your charges wind their way through the court system.

If we can secure your release, you can expect to be placed on some of the following conditions:

  • Have no contact, and unable to go near, the alleged victim
  • Have no contact with anyone else who you are alleged to have committed the offence with
  • Do not possess any weapons
  • Do not possess any drugs or alcohol
  • Do not go near the place where you allegedly committed the offence
  • Obey a curfew (if the offence allegedly happened at night)

Defending Criminal Confinement Charge

Every witness and police statement, any surveillance video, and all other evidence will be reviewed with a keen eye for any gaps, inconsistencies, or other problems with the Crown’s case. We also record your side of the story, and will present our legal findings along with your options.

Our analysis may focus on one or more of the following common issues:

  • Would the alleged victim be able to identify you as the perpetrator?
  • Did you have a good reason for confining or restraining the person? Was he or she acting angrily or hysterically, to the point that you feared damage to yourself or your property?
  • If it is alleged that you helped somebody else commit this offence, did you or should you have known that they intended to do it?

The Sentence

The potential penalties are high. Forcible confinement is punishable by up to ten years in a federal penitentiary. In addition, a person convicted of this offence is required to submit a sample of their DNA to the national DNA database, and will be banned from possessing any firearms or related items for at least 10 years from the date of sentence.

Because this offence involves the domination of another person, and is often committed for the purpose of facilitating other offences, the Crown will seek a jail sentence in virtually every case.

In appropriate cases, we may be able to negotiate a resolution that may permit you to plead guilty to a less serious offence, or ensure that you do not go to jail. We will leverage our assessment of the strength of the case, and your personal circumstances and future prospects to ensure that the sentence is no higher than absolutely necessary.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
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