how to beat an assault charge in canada
Assault is a crime punishable by up to 5 years in prison (Section 266 of the Canadian Penal Code). Therefore, it is certainly not a small matter. That said, the good news is that an assault is a charge that does not have a minimum punishment prescribed by law. It means that, unlike an illegal firearm, child pornography or DUI charge case where the judge has their hands tied, when you are properly represented by an experienced attorney, you may even receive a "slap on the wrist" if they find it. guilty after a trial or after a guilty plea.
What is a simple assault?
An assault means an application of force (such as a slap, shove, or punch) without consent, a threatening gesture, or approaching someone while openly carrying a weapon. The latter scenario can also lead to a "dangerous weapon" charge under article 88 (1) of the Penal Code, which is punishable by up to 10 years in prison.
Can the police fire someone with just a fine or an assault warning?
A fine is not an option open to the police or the courts. A warning is a possibility if your altercation is very minor and not domestic. A domestic assault is when the altercation between romantic partners occurred. The police have practically no discretion when it comes to a domestic situation and almost always file an accusation when one of the partners complains of having been assaulted or threatened.
What happens once they take me to the police station?
Normally, the police would agree whether he is released from the police station or if he has to be held for a bail hearing. For example, if the allegations are serious or if you tell the police that you have no place to live except where you used to live with the plaintiff, you will likely be held for a bond hearing.
how to beat an assault charge in canadaWhat happens if they accuse me of simple battery?
You will be released from the station or court and given a future hearing date. You will not be allowed to have contact with how to beat an assault charge in canada the complainant or be near where the complainant lives, works, or is located. Now is the time to hire an attorney to help you defend your charge.
How do I get the police to drop a battery charge?
Once the charge is filed, it is out of the control of the police. The Crown Prosecutor's office will prosecute you, and it also has the discretion to ask the judge to drop the charge. There are several ways to achieve this result. Often times, the Crown would want you to establish a bond of peace as a precondition for a withdrawal. Most of the time, a peace bond is a very good resolution, although in some cases, eg. Eg involving child custody, you may want to avoid it. Talk to your attorney about how to achieve the best result.
How do I get the deposit?
You are presumed innocent and entitled to reasonable bail. In many cases, obtaining a bond is not difficult and you can obtain it without the help of an attorney. In more serious cases, we recommend that you do not start the bond hearing until you have hired an attorney.
how to beat an assault charge in canadaMost of the time, the difficulty with the bond is not the amount but rather the supervision plan. However, in some cases, the amount can become significant. When the charges involve the importation or trafficking of drugs, or when you are considered a flight risk and the charge carries a probability of a long jail term, the amount of the bail can be six figures or more.
Should I speak tothe police about the incident? (without lawyer)
You absolutely must not discuss the incident with the police. They may seem nice and polite, but you should be able to see through that. They are not your friends. They are trained to gather evidence against you, and this is what they will do if you decide to speak to them.
The police always tell the truth, right? The police say they have evidence against me. Should I talk to them?
The police can lie to you, subject to certain exceptions. They routinely lie about things like surveillance with video cameras that captured the crime, DNA evidence, or fingerprints. This is done simply to ask you to make admissions and incriminate yourself. Don't think you can outsmart them by answering questions. This is their game, and your only way to win it is not to play it. Total silence is appropriate, as is a request to speak to an attorney. Don't worry about looking guilty. The judge will never hear that you refused to speak to the police, because your right to silence is your constitutional right and your silence cannot be used against you in any way.
Police say he was carrying a gun ... it was a beer bottle. Now what?
Don't give a statement, whatever they say.
