(Calgary, Y.P.C.). The allegation in this case was "common assault". After having reviewed disclosure, this case was really nothing more than a minor mixup between a pair of youths. Though the youth accused in this case had a meritorious defence and thus had a legal and rational basis to proceed to trial, he properly pursued admission in a "diversion" program called Extra Judicial Sanctions. In Calgary and courts throughout the Province, diversion programs may be made available to both youth and adults. In Youth Court the diversion program is called "Extra Judicial Sanctions" (EJS). In adult court this program is referred to as "Alternative Measures" (AMP). Both programs effectively work the same. The Crown has complete discretion to authorize admission into the diversion program; the judge has no control over this. Neither AMP nor EJS require the accused to admit guilt; rather, the accused only need to admit a measure of "responsibility". After signing a document "taking responsibility" for the incident (not pleading guilty), the accused then completes a condition of the program. For young persons, the condition is usually some community service hours. Once complete, the charges are withdrawn. The advantage to a diversion program is that the accused takes full control over his or her outcome and can, by a little effort, guarantee no criminal record. If there is one certainty in criminal justice it is that nothing is certain -- especially if a case is left for a judge to decide. It doesn't matter how strong the facts might appear in your favour or how much the law seems to be on your side, you can still lose if your argument doesn't persuade your judge. Though most Prosecutor's are quite exceptional, some are not. Accordingly, saving legal fees and resolving a case by completed a diversion program is almost always preferable to litigation. If you have been charged as a youth or adult, David Chow is a Calgary criminal lawyer and Calgary Youth Criminal Defence Lawyer who defends all criminal cases. Call for a free consultation and give him a chance to earn your business.
assault LAWYER | CALGARY
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.
Recent Case Results
(Calgary, P.C.). KB was charged on multiple informations with a plethora of offences, including assault, possession of crystal meth, breaching bail conditions, trespassing and uttering threats. She had three low complexity trials in Calgary scheduled for multiple cases over three days. On the first day of trial her predicament was resolved positively by way of a conditional discharge. The drug charges - which could have resulted in KB being absolutely denied admissibility to the United States -- were withdrawn by the Crown along with many other offences. A conditional discharge is a disposition where the accused is found "guilty", but the "conviction" will not register as long as the accused completes the terms of the discharge. There are many sentencing options in criminal cases. The options range from diversionary measures (such as alternative measures or mental health diversion) that do not trigger any find of guilty, to discharges (absolute and conditional) that will not result in a criminal record, to fines, probation and jail. There are many avenues to achieving a favourable outcome in a criminal case. Conditional discharge is often one such avenue. In KB's case, David Chow was able to work closely with the Crown, whose position was to give the accused a second chance as long as she satisfied rehabilitate measures built into the discharge. David Chow is a Calgary criminal defence lawyer who will explore all available avenues to properly defending a case. Call 403.452.8018 for a free telephone consultation.
(Calgary, P.C.). AM was charged with domestic assault, assaulting a police officer, resisting arrest and failing to attend Court. The charges arose from an almost perfect storm of events that resulted in AM behaving in a way completely inconsistent with how she lived her life. The police were called to respond to a distraught female in a restaurant. AM had earlier been out with her boyfriend, who did some things that would upset anyone in a relationship. The relationship ended which understandably triggered much upset. This case illustrates that sometimes things happen to human beings that trigger emotional responses. The accused had some defences, but again, in the tradition of the Crown prosecutor she was given a chance to make amends through a diversion program that if completed, would result in the withdrawal of the charges. AM successfully completed the program and all charges were withdrawn. This is another example about how to successfully defend a case without the need for a trial. In criminal law, trials are uncertain and costly. David Chow is a Calgary criminal lawyer who will exhaust every avenue to defend a case. Call 403.452.8018 for a free telephone consultation.
(Calgary, P.C.). Allegations of domestic violence in Calgary occur on a spectrum from relatively minor to very serious. Domestic incidents within many households are also often extremely rare (close to non-existent) but unfortunately, the pressures of everyday life can weigh down on a person, igniting what in a great many cases is completely abnormal behaviour. By all accounts MM's behaviour was atypical. Financial stressors resulted in a relatively minor incident that involved the police. Fortunately, MM's case was resolved in a manner that did not require him to shoulder a criminal record or the legal costs of running a trial. In his case, the Crown and defence worked hard to achieve a non-criminal record disposition that ultimately benefited not only MM and his family, but society's interests in ensuring that MM had the tools to better cope in the future. David Chow is a Calgary domestic assault lawyer who routinely works to secure favourable outcomes without the need for trial. Sometimes trials are necessary, but when they are not, it is always best for the client to avoid risk and mitigate the costs of hiring a Calgary defence lawyer. Call for a free consultation.