Our Lawyers Can Help You Avoid A Criminal Record

Crimes that involve violence are often impulsive and unplanned, where words escalate to physical aggression. These crimes can range from road rage incidents or bar fights to thefts that involve violence or the use of a firearm during a break-in. Our courts take crimes against the person very seriously, and the consequences of a conviction can be life-changing, particularly for those who require background checks for their job or who are members of a professional order. There may also be consequences for your immigration status. 

Following an arrest, most people realize they could have handled the situation differently and wish that they could undo their past mistakes. Our team of lawyers has extensive experience in handling violent crimes of various types. We understand that a momentary lapse in judgment can potentially derail a lifetime of hard work and achievement. That’s why we are committed to working together, doing everything in our power to avoid the consequences of a conviction.

What to Do if You Have Been Charged with Assault

Exercise Your Right to Remain Silent

If you’ve been charged with a crime involving violence, it is important to exercise your right to remain silent and avoid making any statements to the police. 

The role of law enforcement is to gather evidence, not to act as judge or jury. They provide information to the prosecutor to help them decide whether or not to authorize criminal charges. Therefore, it is important that you only discuss your case with your lawyer.

Respect Your Release Conditions

Upon arrest, you will likely receive a promise to appear that includes specific conditions. You must read and respect these conditions. Failing to comply with your conditions can lead to further criminal charges against you and greatly complicate our ability to resolve your present file.

Although these conditions may be a source of stress, they can be modified either by consent of the Crown or through an application to Superior Court.

PREPARE YOUR DEFENCE

Reflect on the events in question and take mental note of your version of events, especially the following:

  • List of potential witnesses; 
  • Document an injuries that you may have;
  • The moments leading up to the violence (what was said/done and by who); 
  • The degree of force used;
  • Video footage (including from surveillance cameras) or photographs of the incident (before, during or after);
  • Medical reports from the hospital or your general physician;

Speak to a Criminal Lawyer

You no doubt have a number of questions and are rightly concerned about your future. You need the guidance and support of experienced counsel who have repeatedly helped people just like you.

Contact us today to learn how we can guide you through this challenging time. We are fully prepared to take on your case!

STEP INTO OUR OFFICE

UNDERSTANDING VIOLENT OFFENCES AND WHAT TO EXPECT

What is assault?

Assault is the intentional application of force to another person without their consent. Assault can vary from something as mundane as a playful, unwanted poke to something as serious as repeated strikes to the face. There are a number of possible defences available for assault. The violence used could very well have been justified because it constituted self-defence. Depending on the nature of the assault, the complainant may have consented.

What’s the difference between assault causing bodily harm and aggravated assault?

The Criminal Code contains numerous variations of assault (assault with a weapon, assault with strangulation, assault causing bodily harm, and aggravated assault). Assault causing bodily harm entails some form of visible damage to the body (such as scratches, bruises, swelling, etc.). Aggravated assault is more serious and requires endangerment to life, wounding, maiming or disfiguring. Given the seriousness of aggravated assault, jail terms are the norm.

What happens if I am found guilty of assault?

The sentence for assault (and other crimes of violence) will depend on many factors. Such as the injuries sustained by the victim, the circumstances surrounding the assault, the presence (or absence) of premeditation, the presence of alcohol, the gratuitous nature of the violence, and who the victim is (such as in the case of assault on a police officer or a vulnerable person like a minor). Assault carries no mandatory minimum jail sentence, so all sentencing options are available. The court can make additional orders upon sentencing, such as taking DNA samples and weapon prohibitions. Ultimately, a conviction can be life-altering. We will do everything possible to mitigate the damages and work tirelessly to achieve the objectives you depend on.

What is our approach to resolving crimes of violence?

Crimes involving the use of violence are, understandably, taken more seriously by our courts. Our objective is to mitigate the damages and offset the potentially life-altering consequences of a conviction. We do this by working with you to build a profile and provide you with rehabilitative actions such as therapy, community service, addiction specialists, etc. We aim to allow our client to present their best selves to the court. Each case is different and merits a unique strategy based on the facts of the case and the client’s goals. In past cases, our lawyers have successfully negotiated outcomes like peace bonds, discharges, and even the dismissals of the charges entirely. We can plead the sentence before the judge in cases where the injuries are more serious. Ultimately, our approach is uniquely tailored to the client’s circumstances and objectives.

Facing criminal charges in Montreal or surrounding areas? Contact us now—we’re here to help!

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