Facing minor criminal charges in Ontario can be stressful, but knowing your rights and legal options can make all the difference. While some people assume they must hire a lawyer, a licensed paralegal can often provide cost-effective and skilled legal representation for many minor offences.

If you’ve been charged with a summary conviction offence, this guide will help you understand your defense options, when to hire a paralegal, and how to protect your future.

1. What Are Minor Criminal Charges?

In Ontario, minor offences are usually summary conviction offences, which are less serious than indictable offences. They carry lower penalties, a faster court process, and do not involve a jury trial.

✅ Common minor criminal charges include:

• Theft under $5,000
• Mischief (e.g., property damage, graffiti)
• Public intoxication
• Trespassing
• Causing a disturbance
• Simple assault (no serious injury)
• Harassment or making indecent phone calls

📌 If you’re unsure how your charge is classified, check Canada’s Criminal Code.

2. What Are the Possible Penalties?

Even though these charges are considered minor, they can still lead to significant consequences, including fines, a criminal record, and even jail time.

🚨 Typical penalties for summary offences:

• Fines up to $5,000
• Jail time of up to 2 years less a day (for more serious cases)
• Probation (with conditions like attending counselling or avoiding certain individuals)
• Community service

📌 Having a criminal record can impact:

• Employment opportunities
• Travel (especially to the U.S.)
• Professional licensing
• Immigration status

For more details, check How a Criminal Record Affects Your Future.

3. When Should You Hire a Paralegal Instead of a Lawyer?

📌 Paralegals in Ontario are licensed to represent clients for summary conviction offences with a maximum penalty of 2 years less a day.

✅ A paralegal is a good option if:

• Your charge is a summary conviction offence (not indictable).
• You want affordable legal representation.
• You need help negotiating with the Crown for a lesser charge.
• You want someone to represent you in court and avoid making mistakes.

🚨 When to hire a lawyer instead:

• If the charge is indictable (serious criminal charges like major theft or violent assault).
• If your case involves complex legal arguments or multiple charges.
• If you are facing possible deportation (for non-citizens).

For a consultation, contact Carson Frankum to see if a paralegal is right for your case.

4. How Can a Paralegal Help Defend You?

A paralegal can guide you through the legal process, negotiate with the Crown, and present your case in court.

📌 A paralegal can:

• Review the evidence against you and identify weaknesses.
• Negotiate with the prosecutor for reduced charges or alternative sentencing.
• Represent you at pre-trial hearings and trials.
• Help you apply for diversion programs (which can lead to charges being dropped).
• Assist with record suspensions (pardons) to remove charges from your record.

For more, check How Paralegals Handle Criminal Cases.

5. What Are Your Defence Options?

Depending on the charge, you may have several ways to fight your case.

⚖️ Common Defences for Minor Charges

✅ Lack of Evidence: The Crown must prove the charge beyond a reasonable doubt. If the evidence is weak, your case may be dismissed.
✅ Charter Violations: If police violated your rights (e.g., illegal search or improper arrest), evidence could be thrown out.
✅ Mistaken Identity: If there’s no proof you were the person involved, the charge may not hold.
✅ Self-Defence (for Assault): If you were protecting yourself, your actions may be legally justified.
✅ Diversion Programs: Some first-time offenders can enter a diversion program instead of receiving a criminal record.

🚀 Not sure what defence applies to you? Book a case review with Carson Frankum.

6. What If You’re Found Guilty?

Even if you’re convicted, a paralegal can still help minimize the consequences.

✅ Options after a conviction:

• Request a lighter sentence (e.g., fines instead of jail time).
• Apply for a conditional discharge (avoiding a criminal record in some cases).
• Seek a record suspension (pardon) to remove the conviction later.

📌 A record suspension allows you to clear your criminal record after completing your sentence. Learn more about how to apply for a pardon.

Final Thoughts: Know Your Rights and Get Legal Help

Even for minor criminal charges, defending yourself properly is crucial. Hiring a licensed paralegal can be a cost-effective and strategic way to protect your rights and avoid a criminal record whenever possible.

📌 Key Takeaways:

• Summary conviction offences (like theft under $5,000 or mischief) can have lasting consequences.
• Paralegals can legally represent you for minor charges and negotiate with the Crown.
• Common defences include lack of evidence, Charter violations, or mistaken identity.
• Even if convicted, options like conditional discharges or record suspensions can help.

🚀 Need legal help? Contact Carson Frankum for expert paralegal defence.

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