Criminal Confinement

>>>Criminal Confinement
Criminal Confinement 2018-02-14T09:47:31+00:00

Criminal Confinement Defence Lawyers Calgary

The Charge

Criminal Confinement Defence Lawyers Calgary

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.

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David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Charges from outside of Calgary near Okotoks: Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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