Criminal Law

Assault charges do not always involve physical contact

The charge of assault covers a wide range of activities, ranging from punching someone to asking for money in a threatening manner. It is important to note that even if there is no physical contact between two people, the aggressor may face assault charges. For more information, click here.

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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get one thing clear: Every assault charge is serious and only the Crown Attorney’s office has the power to have it withdrawn.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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What evidence can be used by the defence in sexual assault trials?

When I’m representing a client accused of sexual assault, the defence we build is tailored to reflect the evidence to be presented. The primary evidence is testimony, with the alleged victim giving their version of the events in question. Since many sexual assault charges are not laid until months, or even years, after the alleged

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What are third-party records and why are they important?

Third-party records are documents containing personal information about the victim or a witness connected to your case. They are something the person likely assumes will never be made public, since the information is often of a personal nature. Examples of third-party records are: notes taken by a counsellor, therapist, psychologist or doctor; hospital records; records

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If you are charged with sexual assault, should you testify?

When preparing to defend a client on sexual assault charges, one of the key considerations is whether that person should testify in their own defence. That decision is not as straightforward as it may seem, even if the defendant is adamant they are not guilty of the crime. There are many reasons for not having

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