Ariel Herscovitch believes that all accused persons, regardless of income or social status, are entitled to a vigourous and passionate defence when facing the enormous resources of the state. Ariel is an experienced trial and appellate lawyer who has successfully defended clients facing a wide array of charges including murder, robbery, possession of firearms, sexual assault, aggravated assault and large-scale fraud throughout the Province of Ontario.
Ariel has obtained many acquittals and stays of proceedings in jury trials as well as judge-alone trials, and has successfully argued for the exclusion of evidence at trial based on violations of the Canadian Charter of Rights and Freedoms. He has also negotiated numerous early withdrawals of charges, saving clients the expense and emotional toll of a trial. Ariel’s appellate practice includes arguing appeals before the Court of Appeal and drafting facta for charges ranging from assault and drug possession to first degree murder. Ariel has also succeeded in getting clients released on bail for very serious charges including murder, possession of loaded firearms and armed robbery.
Ariel Herscovitch joined Derstine Penman in 2009 after articling with another leading criminal defence firm in Toronto. He obtained his LL.B. from Osgoode Hall Law School in 2008, where he participated in the Criminal Intensive Program. Ariel is a member of the Criminal Lawyers’ Association and has done work for the Association in Defence of the Wrongly Convicted (AIDWYC).
Ariel is fluent in French and is a member of l’Association des juristes d’expression française de l’Ontario (AJEFO). He can defend clients in both official languages.
Sample of Notable Cases:
v. G.: Ariel’s client was charged with murder in a cold case where advances in forensic technology allowed police to locate G.’s fingerprints and DNA at the scene of the homicide. At trial, Ariel convinced the judge to take the exceptional step of staying the proceedings (the functional equivalent of an acquittal) due to evidence lost or destroyed by the police.
v. C.: Ariel’s client was acquitted by a jury of the attempted murder and robbery of a taxi driver in a highly publicized stabbing on Halloween night.
v. R.: Ariel argued before a jury that the white complainant falsely reported a sexual assault when she became pregnant and did not want to admit that she had a consensual sexual encounter with the defendant, a black male. Ariel’s client was acquitted.
v. M.: Ariel secured a favourable resolution for his client charged with first degree murder and indignity to a human body. The Crown agreed to a plea to a greatly reduced charge and sentence despite the strong objections of the local police force.
DERSTINE PENMAN Criminal Lawyers
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