Oftentimes, words escalate to violence when emotionally volatile situations erupt between friends, family members, neighbors, and even strangers. It’s not uncommon for alcohol to play a role in this. Violent offences – especially when the injuries are extensive – are taken very seriously and the courts, and the consequences of a conviction can be life altering. 

Following arrest, most people realize that they could have handled the situation differently and we’ve seen how a moment’s lapse in judgement can derail a lifetime of hard work and achievement. That’s why we’re committed to working together on day one to do whatever it takes to avoid the consequences of a conviction.

What to Do if You Have Been Charged with Assault

REMAIN SILENT AND SPEAK TO A LAWYER

If you’ve been charged with assault, it is absolutely vital that you exercise your right to consult with a lawyer immediately. More importantly, you should invoke your right to remain silent, and refrain from incriminating yourself by making any statements to the police.

You should not be providing any evidence to the police that can (and will) later be used against you at trial. 

The role of the police officer is not to be judge and jury; they are not there to hear your side of the story and evaluate it on its merits. Their role is to gather evidence of the crime that they’re investigating with the goal of aiding the prosecutor in securing a conviction. Therefore, you should not be discussing this matter with anyone other than your lawyer. 

MENTALLY PREPARE YOUR DEFENCE

Generally speaking, if you have a good recollection about the events in question, it is usually a good idea that you reflect upon your version of events, and especially take note of:

  • Potential witnesses who can corroborate your account; 
  • Injuries that you may have;
  • The moments leading up to the violence (what was said/done and by who); 
  • The degree of force used

Case Results

STEP INTO OUR OFFICE

UNDERSTANDING VIOLENT OFFENCES AND WHAT TO EXPECT

What is assault?

Assault is the intentional direct or indirect application of force to another person without their consent. Given the legal definition, assault can vary from something as mundane as a playful, unwanted poke to something as serious as repeated strikes to the face.

What happens if I’m convicted of assault?

The sentence sought will always depend on the degree of damage sustained by the victim and the circumstances surrounding the assault. The lack of premeditation (such as in the case of road rage), the presence of alcohol (such as in the case of a bar fight) and who the victim is (such as in the case of assault on a police officer) are aspects that go directly to sentencing as well. Assault carries no mandatory minimum sentence and can often be charged by summary conviction if the incident is particularly minor, paving the way for discharges as a possible sentencing option. 

What defences are available for assault?

There are a number of possible defences available for assault. The violence used could very well have been justified because it constituted self-defence. You also could have been under duress or if intoxicants played a part, you could have been in an automatistic state.

I’ve been charged with a violent offence, how can this file be resolved?

The method of resolution for assault files will almost entirely depend on your relationship with the complainant. If you have no future interaction with the complainant outside of these charges and the facts lend themselves to murky situation, a peace bond is often ideal.

Commençons la résolution de votre problème sans plus tarder !

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