Assault & Threats

>>Assault & Threats
Assault & Threats 2020-02-19T17:50:13+00:00

Calgary Assault Lawyers

Calgary Assault LawyersIf your matter involves violence in the context of a domestic situation i.e. a child, parent, sibling, wife, girlfriend, or common-law spouse; the police, prosecutors, and judges take such allegations VERY seriously. These types of assaults are typically referred to as “domestic assault”. For more information on assaults in a domestic context, please refer to the information under Domestic Violence.

Assault & Threat Charge

Assault can be defined as “the intentional application of force to a person without their consent”. Thus, assault charges can be laid in a wide variety of situations ranging from very minor applications of force, like grabbing someone, to much more serious actions, like kicks, punches, and even choking.

People are also often surprised by the fact that the decision to “drop” the charges does not belong to the complainant. Technically, once the police decide to lay the charges, the complainant becomes just another witness in the case that the police and the Crown Prosecutor are pursuing. The Crown Prosecutor is the only person who can decide whether or not to drop the charges. Crown prosecutors are experienced government lawyers who will only drop the charges if there is:

  1. Insufficient evidence or
  2. It would be contrary to the public interest to prosecute.

Common Assault and Threat Charges

Assault and Threat charges are the most basic, and the most common types of violence charges.  Unlike many other charges, the substantive evidence against you does not come from the police.  The case will likely come down to the testimony of the person who says you threatened or assaulted him or her, and of course your evidence on the point. When reflecting on the incident, be sure to write down as much as possible about your interaction with the person against whom you are alleged to have committed an offence. Document injuries you have suffered, telephone calls made, and damage done.

In cases of Common Assault and Threat charges, the likelihood of going to jail if convicted is relatively minor, particularly if there is no criminal record for similar offences.

Offences that are typically associated with assault and physical violence, and are considered more serious, include the following:

Bail Conditions for Assault & Threat Offences

If you are released while your charge works its way through the courts, you can expect to have the following conditions imposed:

  • No communication with the alleged victim (this includes calling, texting, e-mailing, meeting, or passing messages through another person)
  • A “no-go” condition banning you from going anywhere near the alleged victim’s home or place of work
  • No weapons
  • No drugs or alcohol if the police or Judge has reason to believe you were under the influence of intoxicants when you committed the crime)

The Sentence

As charges move from basic assault to more serious versions, the risk of jail time increases dramatically. It is important to note that although jail sentences can sometimes be served in the community, recent amendments to the Criminal Code have taken away that judicial discretion in cases involving significant violence. As such, the prospect of serving actual jail time is substantial.

Fortunately, because of the unpredictability of witness testimony, it is often a good idea to set the matter down for trial. Alternatively, there is a broad range of resolutions available to Crown and defence, often resulting with no criminal conviction at all on less serious variation of the charges.

If found guilty of assault, the possible penalties include the following:

  • Up to five years in jail
  • Up to three years of probation
  • Fines of several thousand dollars
  • An order that you give a sample of your DNA to the Canada-wide DNA Data Bank
  • An order banning you from owning any weapons for up to ten years.

In addition, a conviction for assault can have a very negative impact on your ability to find or maintain certain types of employment. Employers are wary of permitting someone found guilty of assault to work with children, the elderly, or other vulnerable sectors in society.

Our criminal defence lawyers tailor the approach we take to every case depending on the specific goals of our clients. Whether it be completely avoiding a criminal record; avoiding a finding of guilt on a specific charge; or staying out of jail, we will create the roadmap to give you the best chance possible of achieving that result.

Assault FAQs

  1. What is assault?
  2. The victim of the assault changed their mind and does not want to press charges. Can they have the charges dropped?
  3. What are the best defences to an assault charge?
  4. How can I get my assault charges dropped?

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Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
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I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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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.

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