Assault is the intentional application of force against another person without their consent. The consequences of being found guilty of assault are significant. The greater the harm suffered, the greater the penalty. Sentences for assault range from discharges to significant periods of jail.
There is a common misconception that charges will be dropped if the complainant makes such a request. Once charges are laid, the complainant has no control over the process. However, it the complainant expresses a desire to not proceed with criminal charges or indicates they will not participate in the trial, the Crown Prosecutor takes this information into consideration in assessing whether or not there is a likelihood of conviction. If the prosecutor determines that there is no likelihood of conviction, they will likely withdraw the charges.
Depending on the severity of the allegations, there are a number of ways to have an assault charge dropped. The most important step is to hire an experienced criminal defence lawyer who can properly assess your case to determine the strengths and weaknesses of the case against you. Depending on the circumstances, the case against you may be so weak, for a variety of reasons, that your lawyer may be able to convince the prosecutor to simply withdraw the charges. Cory Wilson has a significant amount of experience defending those charged with assault charges and has successfully had charges withdrawn countless times.
If the prosecutor is unwilling to simply withdraw the assault charge, you may be eligible for a Peace Bond or Alternative Measures.
Peace Bond
Depending on the severity of the allegations, an accused may enter into a Peace Bond in which they are bound by certain conditions such as counselling, abstaining from alcohol and having no-contact with the complaint. Upon signing the Peace Bond, the criminal charges are withdrawn and the accused person is left with no criminal record. A Peace Bond is not a finding of guilt.
Cory Wilson’s experience, skill and close working relationship with the Crown Prosecutors Office has consistently and continuously resulted in his clients’ assault charges being resolved by Peace Bond.
Alternative Measures Program
In certain circumstances, an accused person may have their assault charge withdrawn by entering into the Alternative Measures Program. This is a program that diverts offenders from the traditional court system and upon completing certain conditions such as counselling or community service, the assault charge is withdrawn leaving the accused with no criminal record.
Often, the difference between entering the Alternative Measures Program or not, is having the right criminal defence lawyer. Cory Wilson works tirelessly to ensure that each client who is eligible for the program, is accepted into the program.
