Do You Need a Domestic Violence & Assault Lawyer?

Domestic violence includes any violent related offence against a family member, romantic partner, or spouse. A domestic violence charge could be for anything from assault with a weapon or assault causing bodily harm to threats, choking, breaking and entering, unlawful confinement, sexual assault, harassment, extortion, and more. The courts tend to take domestic violence very seriously, and charges often result in jail time and always include some form of limited contact between the offender and his or her family. As criminal lawyers in Alberta, we understand that domestic violence can be complicated and may not always be one-sided or unprovoked. We recommend writing down your side of the story, including everything that you can remember about the incident as soon as possible; it may be a helpful document if the case goes to trial.

Common assault charges are the most simple and basic assault charges in the Canadian legal system. As with all assault charges, an accurate and detailed reflection of the incident from your perspective can be used to make an excellent case for your defence. While basic assault charges are less severe and punishments usually only include a no-contact condition with the victim, a monetary fine, and other minor restrictions, you may find yourself with multiple charges involving assault, some of which can be much more serious. If you have no previous record, the likelihood of conviction is exceptionally low, especially with the help of a criminal defence lawyer.

Surprisingly enough, you may receive a charge for assault with a weapon even if it never touches the complainant. In other words, uttering threats while in possession of a weapon or holding the weapon in a threatening manner could result in a charge of this nature. According to the law, weapons include everything from guns and knives to any object that may be used to inflict bodily harm such as a stick, broken glass, sports equipment, food and liquid, and any other blunt or sharp objects such as a kitchen plate or utensil. The sentence can include up to ten years in prison, but a criminal defence lawyer can help you build a case to minimize the consequences.

Assault causing bodily harm includes any intentional, non-consensual application of force that results in a degree of physical injury to the victim; even slight bruises and small cuts classify as bodily harm. More severe than simple or common assault, individuals found guilty of assault causing bodily harm may face a permanent criminal record with an order to provide a sample of your DNA to the national DNA databank. Fines, jail time, and other probations are other typical forms of punishment. You may choose to defend your case to the Crown, but we do not recommend doing it alone. We can examine the particulars of the situation and build a defence to give you a much more favourable result.

Many individuals don’t realize that aggravated assault is one of the most severe types of assault charges under Canadian law. Assault becomes aggravated assault if the offender, wounds, maims, disfigures, or endangers the life of the victim. Because aggravated assault depends on the level of injury of the complainant, detailed medical evidence is necessary to create a case against you. The investigation will likely produce large amounts of photo evidence and other documents, meaning there is a lot for us to look at to establish a solid defence. If convicted without the help of a criminal defence lawyer, aggravated assault often results in up to 14 years in jail and a lifetime ban from weapons.

Uttering threats is one of the most commonly misunderstood criminal charges in Canada. Uttering threats is considered verbal assault and includes knowingly threatening property, pets or bodily harm to an individual. A charge involving uttering threats can be confusing, especially if you are not aware of what classifies as a threat. As criminal defence lawyers dedicated to your case, we can educate you about the implications of a verbal assault charge and help navigate and present the evidence in your favour. One of the most common penalties associated with verbal assault or uttering threats is a condition of no-contact between the victim and the offender, but the sentence may also include probation, jail time, and a criminal record.

Harassment is also commonly misunderstood. Without representation from an experienced lawyer, harassment charges and sentencing can be quite severe, including a restraining order and/or prolonged probation. Harassment involves habitual following of an individual from place to place, repeated communication with the individual, perpetual watching of an individual’s place of residence, or engaging in threatening conduct with them. Criminal harassment is a technical term used by legal professionals that essentially means stalking. In some instances, this behaviour may be innocent in intent, though the perception is not as such. When charged with criminal harassment, certain considerations such as the length of the behaviour and the persistence of the action may inform the severity of the consequences as well as help us to build a positive case in your defence.

Criminal mischief is punishable by up to five years in jail and includes everything from damaging or destroying property to destroying, altering, obstructing, or interrupting the use of data or information. Mischief charges may also include making a false police report, faking your own death, or framing someone else for a crime you committed. Criminal mischief charges, as they involve the obstruction of the law, can be quite complex, but as we consider all vantage points of the case, we can reach a reasonable and favourable conclusion.

A criminal record indicating a sexual assault charge may have a dramatic impact on your life. Sexual assault includes non-consensual touching or physical intimacy with another person; if the incident occurs with a minor, the consequences are quite severe. While most people often view sexual assault as something as serious as forced rape or sexual assault, causing bodily harm, anything as simple as an unwanted kiss can result in criminal charges. Many of our clients do not realize or understand all of the inclusions of sexual assault, which is why it’s essential to hire a criminal defence lawyer. We encourage you to record your impression of the incident and share it only with a defence lawyer you can trust. We will use your version of the story to build a defence that may indicate you did not realize the action was not consensual or your intentions were not malicious. Because of the severity of sexual assault with sentencing including anything from a decade in prison and registration as a sexual offender to other probations and restrictions, your case is better off in the hands of one of our Alberta criminal defence lawyers.