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There are ways to avoid a record if charged with domestic assault

When a client is charged with committing a domestic assault, one of the initial questions they ask their lawyer is, “How do I have the charges dropped?” If a person has a strong case and clear evidence indicating that the complainant is lying about what occurred, the best option may be to go to court […]

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Best defence for domestic assault: prove it did not happen

When someone is charged with domestic assault the best defence is proving that the assault did not happen. People have various reasons to make false accusations, or to exaggerate the severity of an incident that was already highly emotional and confusing. When that happens, you need an experienced defence lawyer to present your case in

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Domestic assault can include a wide range of actions in a home

Domestic assaults are one of the most common crimes in Canada. They are not defined by the Criminal Code but can include assault with weapon, aggravated assault, assault causing bodily harm, sexual assault and uttering threats, theft, mischief to property; basically, any type of criminal offence that happens in a domestic context. To read more,

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Understanding the charge of assault causing bodily harm

Police charge people with assault causing bodily harm when an attack on another person causes injury that will pass in a short time. There may be bruises and some feelings of anxiety, but the victim will fully recover. The Criminal Code defines bodily harm as “any hurt or injury to a person that interferes with the health

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Charges for assault with a weapon go well beyond using guns

The charge of assault with a weapon may appear self-explanatory but there are many factors that have to be considered before this serious charge is laid, the first one being what actions comprise assault. Canada’s Criminal Code states a person commits an assault when: “without the consent of another person, he applies force intentionally to

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Aggravated assault is a very serious charge, based on injury

According to the Criminal Code, a person commits an assault when they apply force intentionally to another person, directly or indirectly, without their consent. But when that action “wounds, maims, disfigures or endangers the life of the complainant” the assailant should face the charge of aggravated assault, the Code states. To read more, click here.

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The question of pressing charges is not up to the assault victim

If someone calls the police and says they were assaulted, officers will be looking to lay charges when they arrive to investigate. They take any credible claim of assault seriously and someone usually ends up in handcuffs. Once any assault investigation begins, the complainant’s wishes are not a prime factor in determining whether charges will

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The best defences available for those facing assault charges

Let’s get one thing clear: Every assault charge is serious and only the Crown Attorney’s office has the power to have it withdrawn. Even if the victim recants their testimony, the charge remains in place, which is a good reason to have a seasoned defence attorney at your side during the process.Under s. 265 of

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Common defences for those who have been charged with assault

Police forces and the Crown Attorney’s office treat assault very seriously. If you are charged with this crime, seek the guidance of legal counsel who can help you start building the best defence possible. Every case is unique but there are some of the key defences available to you. The best defence is self-defence Everyone

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