CALGARY AGGRAVATED ASSAULT LAWYER
Being charged with any type of assault in Calgary can have severe consequences. However, aggravated assault is especially serious.
If you are charged with aggravated assault, you could be facing extensive jail time. As such, preparing the strongest defence possible is essential.
Recent federal legislation has expanded the severity of assault charges where “serious bodily injury” has resulted and, if charged, your case is likely to head to trial.
Cory Wilson’s skills and experience in successfully defending aggravated assault cases can help you escape a conviction or at least the most severe consequences of your charge.
What is Aggravated Assault?
According to the Canadian Criminal Code, an assault is committed when someone applies force intentionally to another person, directly or indirectly, without their consent.
Aggravated Assault is outlined as follows:
- 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
- (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
If your conduct during an alleged assault leads to somebody being wounded or maimed or their life is put in danger, it is highly likely that an assault charge will be upgraded to aggravated assault.
For instance, if somebody loses their eyesight, damages their hearing, suffers a stab wound or gunshot or ends up with permanent scarring as a result of an altercation, law enforcement is likely to file aggravated assault charges.
When a deadly weapon is used during an assault, the most serious assault charges are nearly always applied.
Depending on the nature of your alleged aggravated assault, the prosecution may push for you to be remanded in custody until you are processed by the legal system in Calgary.
The Crown may argue that releasing you on bail would endanger certain individuals or the public at large.
We will get to work immediately to argue that pre-trial detention is not necessary and to secure your release from custody. At least this will allow you to enjoy some freedoms while your case is processed by the court system.
For such a serious charge, your bail conditions are likely to be extensive and stringent. They may include:
- No contact orders
- A curfew
- A ban on possessing weapons
- House arrest
- A travel ban
- A ban on using drugs or alcohol
The judge will consider the following factors when making a decision on bail:
- The nature of the alleged assault
- Your criminal history
- Your employment status
- Your current living arrangements
- The likelihood that you will attend the next court hearing
- Your physical and mental condition
- Your ties to the community
Contravening any of the terms of your bail is serious and may result in you being returned to custody.
Cory Wilson will endeavour to secure your release with reasonable conditions that will not unnecessarily impede your freedom.
Defences for Aggravated Assault
When you are wrongly accused of aggravated assault, a skilled criminal defence lawyer can employ a variety of defences to contest the charge. Learn more.
The most notable defences are:
The law permits a person to use as much force as is “reasonably necessary” to defend oneself against an attack. We will need to demonstrate that you had “reasonable grounds” to believe that force was being used or would be used against you or another person. You will also need to show that your response was reasonable and proportional to the perceived threat posed., which can be challenging. Learn more.
- Charter violations
As with all criminal charges, law enforcement must observe and respect your Charter rights when stopping, detaining, arresting, and charging you. We will examine all of the evidence to ensure that your rights were not breached. If they were, the evidence may be disallowed and the prosecution’s case will be severely weakened.
- Contesting the facts of the case
The prosecution is likely to rely at least in part on witness testimony in the case against you. Often, the accuracy of the facts presented by the prosecution and witnesses can be argued. Assault cases are generally very personal and often depend upon relationships that can be interpreted in a number of ways. This means that witness cross-examination is generally very important in such trials.
The team at Wilson Criminal Defence is prepared. We know the law and we know how to build a defence that gives you the best possible chance of avoiding the harsh penalties that can result from aggravated assault charges.
Penalties for Aggravated Assault
Since federal law changes were made, house arrest is no longer available for people convicted of aggravated assault.
Aggravated assault is an indictable offence and you could be punished by:
- Up to 14 years in a federal penitentiary
- Mandatory DNA testing
In addition to these immediate consequences, you may face harsh future consequences as a result of your lifelong criminal record.
As well as a potential lifetime ban from owning or possessing weapons, you may face future difficulties with employment, travel, immigration, insurance, and so on.