AGGRAVATED ASSAULT CHARGES
Calgary's Top Aggravated Assault Defence Lawyers
Aggravated assault is the most serious category of assault you can be charged with; an accused found guilty of Aggravated Assault is liable to imprisonment for a term not exceeding fourteen years. House arrest is not available for aggravated assault & the Crown will prosecute this class of charges vigorously. If you are currently facing charges for Aggravated Assault, it is imperative that you hire a top assault lawyer to defend your future.
What is Aggravated Assault?
Aggravated assault is the most serious type of assault you can be accused of. The Criminal Code defines injuries that result from aggravated assault as, “wounding or maiming”. Brain damage, loss of eyesight or hearing, a stab wound or internal injuries are all examples of aggravated assault. Typically, the alleged assault involves a weapon, such as a firearm or knife.
The basic elements of aggravated assault are the same as common assault, however there are some included elements:
- The assault wounded, maimed or endangered life;
- The accused’s conduct caused the wounding, maiming or endangerment; and
A reasonable person would have realized the accused’s conduct would subject the victim to the risk of bodily harm.
In layman’s terms, any assault that could wound such as a deep cut or bullet wound or maim, through damage to muscle, bone or nervous tissue constitutes an aggravated assault. Any assault which leaves scaring, loss of body parts or could have potentially endangered the life of the victim is also considered an aggravated assault. Medical evidence is often required to establish the nature and severity of any wounds.
Bail Conditions for Aggravated Assault
In cases of aggravated assault, the prosecution will often your release on bail. If you are not released on bail you will be remanded until your charge(s) is resolved. We can help by arguing that pre-trial detention is not needed and that your release does not constitute a danger to the public.
If you are granted bail, the conditions will likely be stringent. These may include no contact orders, a curfew and a weapons ban. Andre, Sadaf, Peter and Mike may be able to convince the Judge to release you on bail on reasonable bail conditions.
How we Defend your Aggravated Assault Case?
Recent Federal legislation has expanded the severity of assault charges where “serious bodily injury” was a result. House arrest is no longer a possible sentence for these crimes, and Aggravated Assault charges are much more likely to head to trial. Andre, Sadaf, Mike and Peter have decades of legal experience and understanding of how the prosecution views assault charges. The assault charges that you are facing can be challenged in a number of ways:
Arguing the facts: If your case has progressed to trial, witness testimony and the accuracy of each person’s story can be contested. Assault cases are rarely ever black and white; often there are evidentiary and legal issues that will provide a credible defence. Andre, Sadaf, Peter and Mike have the requisite experience to effectively cross-examine the alleged victim and any other witnesses.
Charter Violations: During the arrest process, your Charter rights may have been violated by the police. For example, law enforcement may have performed an illegal search of your car or not provided you with proper access to a lawyer. Andre, Sadaf, Peter and Mike have successfully applied to the Court to have evidence excluded under the Charter of Rights and Freedoms.
Interpreting the Law to Help You: We use legal research and preparation. This enables us to present your defence you using current law and procedure. Oullette Hoare Claxton will review all the evidence in the possession of the Crown, and prepare the best possible defence. We have decades of experience. We understand assault charges.
Self-Defense: The law allows you to use as much force as is “reasonably necessary” to defend yourself against an attacker. However, in Court you will have to establish that you had reasonable grounds to believe that force was being used against yourself or another person. Your response will also have to reasonable and appropriate in the circumstances. In using self-defence as a defence to an assault charge, the reasonableness of your actions will be evaluated on several points:
- The type of threat that is relayed against you
- The relationship between yourself and those involved in the altercation
- Was the defensive force you used proportional to the force employed by the aggressor? For example, you cannot stab someone who tries to punch you.
- Was a weapon used either to injure or as a threat?
What is the Penalty for Aggravated Assault?
House arrest is not an available sentence for aggravated assault. If you are found guilty of an aggravated assault, you may be punished by:
- Up to 14 years in a federal penitentiary
- Lifetime weapons ban
- A Judicial Order to submit for DNA testing.
Given the serious nature of these charges the Crown will often assign a prosecutor to prosecute an aggravated assault charge. You will need experienced legal representation you can trust. Oullette Hoare Claxton are dedicated to your case.
Call us now for a free legal consultation. We can help.