What to Do When Charged with an Assault – Criminal Law Help in Edmonton
Hello everybody, it’s Janan Jarrah, a lawyer with eLaw Alliance, here once again to provide you with legal information. In this video, we’re going to cover the topic of the criminal offense of assault. Assault in Canada can take various forms. The less serious version of assault is covered under Section 266 of the Criminal Code, which is regarded as simple assault. More serious assaults, like assault with a weapon or assault causing bodily harm, fall under Section 267. Extremely serious assaults, such as aggravated assault, are covered under Section 268, while assaults of a sexual nature are under Section 271.
These are just a few examples of the different types of assault charges that exist in the Criminal Code. If you have been charged with assault, you most likely need criminal law help in Edmonton, and we can be that help. Please note this video is just for information, not legal advice. If you want legal advice specific to your circumstances, contact our office at 780-665-4955 or visit our website at www.elawalliance.com to schedule a consultation.
Understanding Your Rights
If you find yourself in the unfortunate situation of being accused of or charged with any form of assault, it’s crucial to keep a few important things in mind. If you’re accused of an assault and a police officer approaches you—whether at your door, workplace, or after pulling you over—wanting to discuss the allegation, remember that you have the right to remain silent. This right is not just for guilty individuals; it applies to all citizens in Canada.
The purpose of this right is to ensure that people aren’t forced to give statements. If they do provide a statement, it must be voluntary, with the understanding that they are not obligated to do so and that they have the right to contact a lawyer first to obtain criminal law help in Edmonton.
I often advise clients who have been charged with a criminal offense, such as assault, to exercise their right to remain silent. The reason is that if you talk to the police and provide your version of events, you might inadvertently say something incriminating that the police can use against you. Even worse, something you say might be twisted or misinterpreted, and if the prosecutor finds an inconsistency between your statement to the police and your testimony at trial, they will likely capitalize on it. This could lead to questions about your credibility or even accusations that you’re lying, which can weaken your defense.
To preserve your narrative and protect your story, I often tell clients to save their version of events for where it really matters—in front of a judge at trial. The judge will determine if your story has credibility or merit and whether you are guilty or not guilty—not the police, not the prosecutor. For this reason, it’s wise to exercise your right to remain silent and preserve your narrative for trial, giving you the best chance at a defense and a finding of not guilty.
After Being Charged
If you’ve been charged with an assault and have exercised your right to remain silent, the police will eventually provide you with a court date if they decide to charge you. It’s important to take note of that court date and ensure you don’t miss it. If you hire a lawyer, they will attend court on your behalf to deal with preliminary matters, often described as docket court appearances. These are appearances where the lawyer shows up to adjourn the matter for a week or more, allowing time to get disclosure, obtain client instructions, and discuss possible resolutions with the prosecutor.
Understanding Court Appearances
There are different types of court appearances. Docket court appearances are more procedural, while trial, summary disposition, or guilty plea appearances are more substantive. Eventually, you will need to decide whether to plead not guilty and set your matter down for trial or plead guilty and proceed to summary disposition or sentencing.
Before making any plea, it’s a good idea to review your disclosure, either with your lawyer or on your own. Disclosure includes all the allegations made against you, such as witness reports, video statements, audio recordings, written statements, and police notes. You’re entitled to this information, and it’s crucial to review it before entering a plea. As a lawyer, I would never advise a client to enter a plea without first reading the disclosure to determine the direction the case should take—toward trial or summary disposition.
Alternative Resolution: Peace Bond
Technically, there is a third option besides trial or a guilty plea—an alternative method of resolution known as a peace bond. However, this option is not available for the most serious offenses, such as aggravated assault or assault with a weapon causing bodily harm. In some cases, prosecutors may agree to resolve an assault charge through a peace bond. A peace bond allows you to avoid a criminal conviction on your record. If the prosecutor agrees to this resolution, the assault charge will be withdrawn and replaced with a peace bond.
This means that instead of a conviction, your record will reflect a peace bond, which is not the same as a conviction. If you need criminal law help in Edmonton with a peace bond, we can help.
With a peace bond, you would be legally allowed to tell an employer that you don’t have a criminal record. A peace bond is essentially a promise to the court that you will keep the peace and be of good behavior for a specific period, usually between 12 to 18 months. The prosecutor and defense lawyer might also include other conditions in the peace bond, such as a no-contact order, area restrictions, or requirements for treatment like anger management or domestic violence counseling. However, if you breach the peace bond, you could be charged with a criminal offense, and it would be much harder to argue for leniency in the future.
The Importance of Disclosure
If you’re charged with assault, one of the first steps after being released on bail or an undertaking is to order a copy of your disclosure. Disclosure is crucial because it contains all the details of the case against you, including police reports, narratives, witness statements, and any evidence like video surveillance. You’re entitled to this information as an accused person. If you have a lawyer, they will order it for you. If not, you will need to request it directly from the prosecutor in court. Reviewing your disclosure is vital as it can reveal potential defenses or mistakes made by the complainant or police.
Criminal Law Help in Edmonton: Deciding on a Plea
After reviewing your disclosure and consulting with your lawyer, you will need to decide whether to plead guilty or not guilty. If you plead not guilty, a trial date will be set, usually 4 to 12 months down the road. At trial, the complainant must attend and testify to the evidence that justified the charges against you. Your defense lawyer will have the opportunity to cross-examine the complainant and test their version of events to uncover potential defenses.
If you decide to plead guilty, sometimes a deal can be worked out with the prosecutor. This deal might involve jail time, probation, or a fine. In some cases, the sentencing might be contested, meaning the prosecutor and your defense lawyer will each present their proposed sentence to the judge, who will then decide. To assist in this process, a pre-sentence report may be ordered. This report provides a detailed investigation into your background, remorse level, and community supports, which can influence the sentencing decision. However, if the report is unfavorable, it could lead to a harsher sentence.
Final Thoughts on Criminal Law Help in Edmonton
To sum up, when charged with an assault, it’s important to resist the temptation to provide your version of events to the police. Instead, preserve your narrative and consult with a lawyer before making any statements. Your lawyer can offer more definitive advice on whether or not to give a statement to the police.
Remember, if you’re charged with assault, be mindful of court dates, no-contact conditions, and start considering how you want to resolve the matter—whether through trial, a guilty plea, or an alternative resolution like a peace bond. If you would like criminal law help in Edmonton, contact us at eLaw Allianced in Edmonton.
That’s it for this video. I’ll be putting out more videos on criminal law, so stay tuned. I hope you found this information helpful, and until next time.