Very good defense firm. Matt B. got me out of certain jail time and without a criminal record. Highly recommended.
Assault is the intentional application of force on another person without their consent. Inflicting bodily harm is not a requirement for initiating assault investigations in Calgary. Attempting or threatening assault can result in assault charges if the targets of the assault believe their attacker is capable of applying force to them. Depending on the severity of the assault, the Crown may proceed by summary conviction or by indictment. An assault defence lawyer can help ensure your rights are protected during this process and work toward getting the charges dismissed.
The Crown can use its discretion to decide if an assault should be eligible for a summary conviction. Summary offences typically apply to minor offences that do not involve injuries. Assault investigations play a crucial role in determining the severity of charges, as Calgary law enforcement will gather evidence in an effort to determine what exactly happened. Summary offences are heard in provincial courts without a jury. They carry a maximum sentence of under two years. However, if you are convicted, an experienced lawyer may advocate for an alternative sentence that prevents the incident from appearing on a criminal record.
Aggravated assault charges are issued when the assault maims, disfigures, wounds, or endangers the victim. These assaults are not eligible for summary convictions and carry a maximum prison sentence of 14 years. Other assault types, such as assault with a weapon or minor injuries, may be eligible for a summary conviction, lowering the prison sentence to a maximum of five years.
If you are convicted of assault, you may appeal your conviction within 30 days of being sentenced. Knowledgeable lawyers can explain the appeal process and represent their clients during the appeal.
Assault lawyers analyze the case and relevant information to develop a strategic defence for assault charges. This process involves several key steps.
Lawyers start with an in-depth discussion of the incident with their clients. They review witness statements, police reports, and details of charges. Collecting background information provides the needed context to begin an investigation.
While law enforcement in Calgary will conduct an investigation into the assault, a lawyer will also independently investigate the event. They may look for video or surveillance footage that documents the events. They may also look for physical evidence and alternative explanations for the reported assault.
The Crown must provide the Defence with all evidence pertaining to the case. A lawyer may compare the information with their investigative notes to identify inconsistencies or omissions that might impact the case.
Experts in various fields, such as forensic scientists, medical professionals, and psychologists, can provide insights supporting a defence strategy. Experts can counter the Crown’s case and explain alternative scenarios about how events occurred.
Lawyers develop a coherent strategy based on the evidence and expert opinions. The strategy presents an alternative explanation of events, showing reasonable doubt about how the events happened. They may also file pre-trial motions to challenge or exclude evidence. They may ask the Crown to dismiss the charges if they believe there is insufficient evidence.
During an initial consultation, a lawyer can walk you through this process and answer any questions you may have.
If you are being accused of assault, a lawyer can advocate on your behalf to get the charges dismissed, represent you at trial, or negotiate a plea deal to reduce the penalties. Legal counsel can utilize various types of evidence and expert analysis to provide the best possible defence for your case. They may also represent you during bail hearings, allowing your release until trial.
Assault investigations in Calgary can be extremely complex. With three levels of assault charges and the possibility of indictable or summary proceedings, it is crucial to consult an experienced lawyer to ensure your rights are protected. A lawyer can help you secure the best possible outcome. Get in touch with us today to discuss your case.
Very good defense firm. Matt B. got me out of certain jail time and without a criminal record. Highly recommended.
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