How can I get my sexual assault charges dropped?

>>>How can I get my sexual assault charges dropped?

If you have been charged with sexual assault, you have been charged with one of the most serious offences in Canadian criminal law. Notwithstanding this fact, in some cases we may be able to deal with your charges in a manner that will allow you to avoid a criminal record.

How To Get Your Sexual Assault Charges Dropped:

In fairly minor cases of sexual assault, it may be possible to get your sexual assault charges withdrawn by signing a peace bond. Our ability to secure you a peace bond will depend heavily on the circumstances of the case and your own background. That is, the assault will likely have to be on the less serious end of the spectrum, for example, a case of unwanted touching. Further, you will need to have no criminal record, a criminal record with only a few minor charges, or a dated criminal record. This is necessary for the courts and the Crown will be less inclined to grant a peace bond to a repeat criminal offender, or someone who gives reason to believe they might reoffend or breach the terms of the peace bond. Further, our ability to secure your peace bond will also depend in part on the strength of the case against you. If there are holes in the Crown’s case, we can likely use the weaknesses in the evidence against you to persuade them not to proceed to trial and to resolve your matter. Once the peace bond is signed, the charges against you will be withdrawn.

Avoid a Criminal Record with a Discharge:

If you are not a suitable candidate for a peace bond either because of your background or because of the nature of the offence, there is still a chance that you can avoid a criminal record with a successful discharge application. Specifically, if you plead guilty or are found guilty of the offence we can make an application to have your charges discharged either absolutely or conditionally. While the absolute discharge will not have conditions attached to the discharge, a conditional discharge will require that you comply with conditions stipulated by the court for a period of time. Regardless of whether you are granted a conditional or absolute discharge you will not receive a criminal record for your offence.

Other Sentencing Options:

If you are charged with more serious forms of sexual assault such as aggravated sexual assault or assault with a weapon for example, you may not be eligible for a discharge or resolution option that will allow you to avoid a criminal record. If this is the case, you will likely also be facing a period of imprisonment. While you may be facing a high penalty, depending on the nature of your offence, you may be eligible for other sentencing options that will allow you to serve little to no time in prison. Two of such options are serving an intermittent sentence or serving a suspended sentence. If you serve an intermittent sentence, it means that you will be able to serve your sentence over the weekends or over a couple days during the week, while spending the rest of your time outside of jail. If you serve a suspended sentence, it means that you will be released into the community under strict conditions, but will not have to go to jail unless you breach the terms of the sentencing order.

If you have been charged with sexual assault, it is imperative that you contact one of our criminal defence lawyers immediately. We will be able to properly assess the jeopardy you face, and can begin working with the Crown to reach an optimal resolution for your matter.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.