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DEFENDING assault CASES in calgary since 1999

FREE CONSULTATION: (403) 452-8018

calgary assault lawyer

In criminal law “assault” is any direct or indirect intentional and non-consensual physical touching of another person.  The concepts of “direct” and “indirect” physical touching are important because to commit an assault a person need not actually (or directly) touch the complainant.  An assaultive gesture may constitute an indirect assault.  With this in mind, it is important to understand that a criminal assault does not require a degree of force.

There are a variety of types of assault.  The most basic kind of assault is often called a “common assault”.  This kind of assault usually attracts the lightest type of sentences.  More serious kinds of assault are those that involve weapons and/or bodily injury.  Accordingly, there are separate charges for “assault with a weapon”, “assault causing bodily harm” and “aggravated assault”.  The elements to each of these aggravated versions speak for themselves.  For example, assault with a weapon entails the use of a weapon. Assault causing bodily harm results in injury that is neither trivial nor transitory. Aggravated assault involves reasonable foreseeability that the assault will “wound”, “maim” or “disfigure”.

As the seriousness of the assault increases, the sanction or sentence attracted increases.  
The importance of defending an assault charge is obvious. If convicted you will likely have a criminal record.  Since assault is a crime of violence, there is some possibility that your ability to travel abroad may be restricted.

Defending an assault involves consideration of a myriad of defences: self defence, consent, identification, de minimus, mens rea and actus reus.

I understand all of the available defences.  I have researched the law relating to all types of assaults and have experience cross-examining complainants regarding their role in the altercation.  I routinely successfully defend assault allegations and regularly obtain favourable results without having to litigate the charge(s) at trial.

For a Calgary criminal lawyer who defends assault, uttering threats and all crimes of violence call 403.452.8018.  

David Chow defends cases in Calgary, Lethbridge, Brooks, Cochrane and throughout Alberta.

Recent Case Results

R. v. Z.Z.D.

January 17, 2020

(Cochrane, P.C.). ZZD was charged with a very historical sexual assault.  In Canada, there is no limitation period for the Crown to prosecute an Indictable offence; meaning that a prosecution can be commenced years, even decades after the alleged incident. Not surprisingly, this kind of situation is extremely prejudicial to the accused, who as a result of the passage of time may no longer have access to witnesses, defence materials or even an accurate memory. Studies on the human brain confirm that a persons memory is really little more than a reconstruction of perception and experience that is susceptible to deterioration over time. It is even possible for the narrative of an event to become so tainted by interference of other memories and time that remembered event may have little or no correspondence to what actually transpired. Assessing credibility and reliability of evidence in our criminal justice system is arguably an antiquated and somewhat obtuse process that in the view of this Cochrane criminal lawyer in some cases may lend to wrongful conviction. With this in mind, there are simply too many risks to trial and as such, if a case can be resolved without trial, any accused should strongly consider the options.  In this case ZZD resolved without any admission of guilt and the charges were withdrawn. If you are searching for a criminal lawyer in Alberta to help you assess your options, research Alberta criminal lawyers and consider calling Calgary criminal lawyer, David Chow, for a free telephone consultation. 

R. v. P.T.P.

January 10, 2020

(Calgary, P.C.).  PTP is a case that illustrates non-trial options to successfully defending a criminal prosecution. PTP was charged with assault in relation to an incident that involved security guards. From reviewing disclosure, which included video from the Crown and video solely in the possession of the accused's counsel, PTP had a very meritorious case of self defence. However, as an Alberta criminal defence lawyer who appeared on cases throughout this province, British Columbia, Saskatchewan and the Territories, David Chow is aware that our criminal justice system is far from perfect or fair. Though none of us want to believe that wrongful convictions don't happen or are incredibly rare, the reality is that this not likely the truth.  Keep in mind that the wrongful conviction cases in Canada have almost in every case been exposed in high profile homicide prosecutions -- usually by DNA analysis (an evidence collection procedure generally utilized in only the most serious of crimes). With this in mind, when PTP was offered to resolve by Alternative Measures -- a program that if successfully completed would guarantee no criminal record -- the offer could not be passed-up. In Canada, the principle of Occam's razor is usually the most prudent way to approach a criminal case; that is to say, the path of least resistance is the path that should be taken. For a free consultation with a proven Calgary criminal lawyer, call David Chow for a free telephone consultation. When hiring a defence lawyer, it is your responsibility to do your due diligence. 

R. v. H.A.H.

December 29, 2019

(Calgary Y.C.). David Chow is a not only a Calgary criminal lawyer who handles adult charges, he is a full service Calgary defence lawyer who defends young persons charged under the Youth Criminal Justice Act. As a full service defence lawyer, David defends all Criminal Code offences and Controlled Drugs and Substances Act charges. In this case, the young person was charged with simple assault arising from a fight between two youths. What is important to remember about Canada's young offender's legislation is that it is not only balanced in favour of rehabilitation -- for we do not want to subject young people to the deleterious consequences of imprisonment -- it has a range of non-criminal record alternatives that may be used to address the young person under charge.  For example, police have the option to sanction a young person without exposing them to court. A sanction would not result in a criminal record.  In court, judges have the option to judicially reprimand the young person. This option also would not result in a criminal record. Similar to the adult Alternative Measures Program, young persons may be admitted into a similar program called Extra Judicial Sanctions. In this case, the assault allegation and the facts in support of it fell clearly into the kind of situation whereby Extra Judicial Sanctions was appropriate. H.A.H.'s Calgary criminal lawyer managed to obtain access to this program as part of a plea resolution. This was touch-and-go because the first Crown rejected the accused's request even though no disclosure was available for review.  A different Crown properly agreed to H.A.H.'s participation in the program. This accused attended every court appearance on his own and successfully completed the program well within its time requirements. As a result, the charges were withdrawn.  There are many Calgary criminal lawyers -- it is your responsibility to be duly diligent in choosing your defence lawyer. Call David Chow for a free consultation.

R. v. G.S.G.

December 13, 2019

(Cochrane, P.C.).  The client was charged with causing a disturbance in relation to a boisterous event that occurred outside of a camper.  The police also identified the presence of cocaine -- a Schedule I substance under the Controlled Drugs and Substances Act. Up until this event the client had never had any interactions with the criminal justice system.  This case is important because it helps to illustrate options to avoid a criminal record outside the expensive and uncertain process of a trial. In this case, the client has meritorious defences; however, experienced Cochrane criminal lawyers (and indeed, experienced criminal defence lawyers in Calgary and elsewhere) recognize that even the best defences, professionally presented can still fail at trial.  Accordingly, given the summary nature of the offence combined with the fact that "causing a disturbance" is one of the least serious types of crimes in the Criminal Code of Canada, the best option with guaranteed certainty was the Alternative Measures Program (AMP). Alternative measures is effectively a second chance program whereby participants need not admit "guilt", but must only take a measure of responsibility for their behaviour. Once in the program participants work closely with the program coordinator to make amends -- this is usually done by way of a community donation and/or community service course. Once the program conditions have been satisfied, the charge(s) are WITHDRAWN by the Crown and the accused person will not have a criminal record. If you have been charged with any offence in Cochrane, Calgary or anywhere in Alberta, call Alberta criminal defence lawyer, David Chow. David is a local Cochrane criminal lawyer and longstanding Calgary criminal defence lawyer