Assault Charge Lawyer Regina Saskatchewan

What is an assault?

Assault is considered a crime that can be defined under Section 265 of the Criminal Code of Canada. When someone forces an individual intentionally without their consent, be it directly or indirectly, the person can be charged for the crime of an assault. In fact, touching someone without their consent also considered an assault if it happens on reasonable grounds. Assault does not always mean the sufferer will be injured or harmed physically. Sometimes something as simple as pushing, grabbing someone’s hands during a struggle, can be construed as an assault and you could be charged. This happens often.

What happens if the assault was an accident?

In case of an accidental assault, it will not be a strong case for the Crown since the criminal law because the charge of assault requires an intention to apply force. You must have intended to assault or harm someone. This won't be a case if you bump someone on the bus because it stopped suddenly. However, you can be convicted of assault if the accident was a foreseen consequence of your actions, in which you may be charged and have to prove that it was just an accident. An assault lawyer can explain the difference to you and determine whether this defence applies to your situation.

Arrest and bail:

When you are arrested, you will be allowed to speak to a lawyer. In fact, it is a good idea to get legal advice before speaking to the police. Mr. Linh Pham can offer you a free consultation.

Based on the nature of the assault, it is often decided whether you will be released directly by police, or you need a bail hearing. If you don’t have any previous criminal record, you might be released on the spot by the police. If you are released by police, they can release you under certain conditions like prohibitions against contacting the victim or attending the scene of the crime.

The court will consider your primary and secondary grounds and look for the factors, such as your personal situation (if you have any existing or past criminal record), your ties to the community, the offence itself, and the strength of a proposed bail plan. These bail conditions can be restrictive and may include, but are not limited to:

• House arrest, including ankle monitoring;
• No contact with the victim; 
• Restrictions on where you can travel.
• Supervision through sureties;
• Refraining from the use of drugs and alcohol;
• Mandatory counselling;

Consequences if found guilty:

If you are found guilty by considering all your consequences, a simple assault charge can be substantial. The most lasting and debilitating consequence is a past or existing criminal record. If the Crown proceeds summarily, you might be sentenced for up to 2 years; and if the Crown proceeds by accusation, it might be up to 5 years with a fine of up to $5,000 instead of or in addition to jail time. This is the case for a common assault.

More serious assaults or repeat offenders are looking at more significant custodial sentences.

It's vital to hire a lawyer:

In case you have been charged with an assault, it is vital to hire a professional assault lawyer to get rid of this stressful and tolling experience. Only with professional advice; you can get justice in your favour. 

Linh Pham is an experienced criminal trial attorney with significant court room experience handling assaults. Being extensively experienced, we understand the impacts of a simple assault charge if you are found guilty. That is why we 

• Work efficiently to ensure you get released with the most favourable conditions;
• Help you understand the complexity of the criminal justice system;
• Make sure the Crown meets its disclosure obligations;
• Talk to the Crown, negotiate on your behalf, and advise you of your options;
• Find out the administrative or systematic errors in the criminal process;
• Support your version of the events and gather evidence that proves your innocence;
• Build a strong defence by evaluating all the evidence against you and ensure your charges are withdrawn, or you are acquitted. 

All criminal cases are complex, and the facts determine the punishment. By hiring a criminal lawyer, you get the best chance to defend yourself. To learn more about how we can help, feel free to contact us today!  Linh Pham, LL.B (hons) – (306) 502-5987.