In R v Brooks, 2023 BCCA 121, Babak successfully appealed two convictions for sexual
Babak Zargarian Criminal defence Lawyer
Have You Been Charged With A Crime?
Just being charged with a crime can be life-changing. It’s just you against all the power of the government. If convicted, you may receive a criminal record or jail time, which can permanently change your personal and professional opportunities. For one of the most impactful events in your life, you need an experienced professional from the start.
A Criminal Record Is Life Changing
What Happens With a Criminal Record?
People convicted of crimes usually receive criminal records. A criminal record can seriously restrict your liberty and forever change your life. It often affects your ability to travel, like to the United States.
It can affect your work opportunities. Employers may ask you about your criminal record and deny you a job. You may be fired, primarily if you work in a sensitive field like accounting, banking, childcare, medicine, or security.
If you are not a Canadian citizen, your citizenship application may be denied, or you may be deported to your country of origin and banned from entering Canada again. Your best chance of avoiding a criminal record and its consequences is finding strong and competent criminal defence lawyers you can trust.
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Babak Serves Your Interests
Selecting The Right Criminal Defence Attorney
You should select a competent, experienced criminal defence lawyer to fight for you. Preparing a criminal defence is demanding and tiring. You will want a professional, dedicated and energetic lawyer. At Zargarian Litigation, we work hard to mount a vigorous defence for our clients. You will communicate directly with your lawyer instead of through a student or assistant. We rely on our reputation and take pride in our work.
Criminal defence is demanding because every case is different. A strong defence requires an approach based on your unique circumstances. Our lawyers have the experience to be firm criminal defence lawyers and the energy to apply that experience to your case. We will advise you of the strengths and weaknesses of your case and your best options. We have your back whether you are seeking a good deal or a fearless criminal defence at trial or appeal.
Our PRactice Areas
Charges We Commonly Defend
Assault
The Criminal Code of Canada defines assault in section 265 (1) as follows: "A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly".
Sexual Assault
In Canada, sexual assault is defined in section 271 of the Criminal Code as an act where a person is guilty of an indictable offence or an offence punishable on summary conviction for non-consensual acts, with varying degrees of punishment depending on the age of the complainant.
Dangerous & Impared Driving
Dangerous driving is defined in section 320.13 (1) of the Criminal Code as operating a conveyance in a manner that, considering all circumstances, is dangerous to the public. Impaired driving is defined in section 320.14 (1) of the Criminal Code as operating a conveyance while the person’s ability is impaired to any degree by alcohol, a drug, or a combination of both.
Drug Trafficking
Drug trafficking is defined in section 5 (1) of the Controlled Drugs and Substances Act as the act of trafficking in a substance included in Schedule I, II, III, IV, or V, or in any substance represented or held out by that person to be such a substance, with additional provisions regarding possession for the purpose of trafficking
Drug Possession
Drug possession in Canada is governed by the Controlled Drugs and Substances Act, specifically under Sections 4–7. It is defined as the unauthorized possession of a substance listed in Schedule I, II, or III, which includes opiates, cannabinoids, and psychedelics, with the legality and penalties determined by the type and quantity of the substance possessed.
Firearms Offences
Firearms offenses in Canada are defined under the Criminal Code, particularly in Sections 90, 91, 92, 94, 95, 96, 99, 100, and 101. They include unauthorized possession, carrying a concealed weapon, possession of a restricted or prohibited firearm, and pointing a firearm without lawful excuse. The Code also covers unauthorized possession in a motor vehicle, possession obtained by commission of an offense, weapons trafficking, unauthorized transfer, and careless use of a firearm, with penalties varying based on the specific offense.
Fraud
Fraud in Canada, under Section 380 of the Criminal Code, is defined as using deceit, falsehood, or other fraudulent means to deprive someone of property, money, or services. It includes various types, such as fraud not exceeding $5,000, with specific penalties based on the fraud's scale and method. The Code also details fraud in contracts and trade, categorizing each fraud type and its respective legal consequences.
Theft
Theft in Canada, according to the Criminal Code's Section 322, is the act of fraudulently and without right taking or converting anything, animate or inanimate, with the intent to deprive. It's categorized mainly as either theft over $5,000, indictable under Section 334(a) with a maximum ten-year imprisonment, or theft under $5,000, typically resulting in summary conviction. The Code also includes special theft categories, such as motor vehicle theft under Section 333.1(1), with penalties varying based on the theft's nature and value.
Robbery
Robbery in Canada, as defined in Sections 343 and 344 of the Criminal Code, is a serious indictable offence, involving theft or extortion of property coupled with the use of violence, weapons, or threats. It can result in life imprisonment, especially if a restricted or prohibited firearm is used, or if the offence is committed in association with a criminal organization. The essential elements of a robbery under Section 343 include the identity of the accused, the incident's date and time, and the jurisdiction.
Our Law Firm's Locations
Zargarian Litigation is based in Nanaimo and Vancouver. However, we regularly appear at courts across British Columbia. Zargarian Litigation practice locations include Nanaimo, Surrey, Vancouver, Smithers and Prince Rupert courthouses. We do not accept drop-ins as we are often in court and out of the office. Please call first for a no-obligation discussion.
Criminal defence Lawyer
Criminal Defence Law and Civil Law
Zargarian Litigation also provides civil law services. Our civil law services include
Babak Zargarian is the firm’s founder. He’s a Nanaimo criminal lawyer and resident who started his career in Vancouver before returning home. As a civil lawyer, he uses his extensive courtroom experience as a criminal defence lawyer to fearlessly and effectively advocate for his clients. As a criminal defence lawyer, he uses his civil experience to see the case as part of a bigger picture and advise on a broader range of issues and liabilities.
Additionally, Babak is a trial and appeals lawyer. As a trial lawyer, his appeals experience gives him a deeper understanding of the law and makes him think one step ahead – how would the trial look on appeal? If the trial is lost, can he help his client on appeal? If you fail at trial, you may have a second chance through an appeal. As an appeals lawyer, his trial experience allows him to think practically and argue more persuasively.
Fusing all these skillsets is uncommon and makes Babak Zargarian a uniquely skilled lawyer.
Feel Free To Ask
Have Any Questions?
You will not be stuck speaking to students or assistants about your case. Our clients often say that they feel better after talking with us. We will listen to your legal issues and provide you with practical solutions.
If you have any questions regarding our criminal defence or civil law services, please call us at (250) 713-8821 to speak to our criminal or civil lawyers.
Zargarian Litigation
Providing Oustanding, Fair & Professional Representation
You can also use our secure contact form to state the nature of your legal issue and request a callback. If you use the contact form, please do not disclose any sensitive information or specific facts until we have called you back. Simply state the type of issue you have, for example, “I’ve been charged with drug trafficking fentanyl,” and provide your contact information. We’ll call you back.
What Our Succesfully Defended Clients Say
Babak voluntarily helped me, along with many others arrested at Fairy Creek, to work through the legal system. Though I was initially daunted by the court system and how I was to navigate it, with his advice the process became an easy one. He was friendly and quick to respond to emails, and got me a hearing in court sooner than I thought possible and with a greatly reduced sentence. I highly recommend his help.
Taeven
Client
Babak successfully represented my son for two separate cases. We are very pleased with the outcomes. Definitely recommend hiring Babak. Thank you!!
Janelle Clavora
Client
An amazing criminal defence lawyer. After being charged with a case that was destined to ruin everything I have. Babak took on the case without judgment, communicated thoroughly and obtained the best ever resolution. I personally highly recommend him.
Tatenda Chirimunjiri
Client
I wanted give a huge shout out to my lawyer Mr.Babak. I recieved an IRP 3weeks ago exactly to date and Mr.Babak gave me excellent advice and guidlines to follow to help me with getting back my DL and Impound Fees from ICBC. At 2:16pm today he msg me saying “We WON the IRP”!!!!!!
Huge shout to Mr.Zagarian and I would 1000% highly recommend this Lawyer for all your legal needs!!!
Thanks again!!!!!
Harold Chandra
Client
I would recommend Babak to anyone looking for legal advice. He is very knowledgeable and will work hard for the best outcome.
Nick Bratosh
Client
Success Stories &
Criminal Law Legal Memos
Impaired driving, sometimes called “DUI,” is a leading cause of road accidents and fatalities.
In R v Manca, 2019 BCCA 280, the BC Court of Appeal held that a joint
A Nanaimo man charged in an August 2016 shotgun-firing incident will not serve any
NANAIMO — A man responsible for several armed robberies and the stabbing of a
An inmate used a plastic knife, fork and spoon to cut a large hole