(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 AM successfully completed the program and all charges were withdrawn.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.
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.). 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.
(Calgary, P.C.). EM.L was charged with mischief to property in a domestic situation. Like so many persons charged in Calgary with domestic offences, this one was triggered by strong emotions arising from the breakdown of a relationship. Though the evidence against EM.L was quite strong, the accused was fortunate to have the case reviewed by a reasonable Crown prosecutor who agreed with defence counsel that there was no public interest in fixing this accused with a permanent criminal record. Rather than pushing the case to trial, justice was served by the imposition of a peace bond and the withdrawal of the criminal charges. For information about Peace Bonds in Calgary, please peruse this site. David Chow is a Calgary domestic assault lawyer who can help you to avoid a criminal record.
(Calgary, P.C.). N, along with his co-accused, were represented by Calgary criminal lawyers on charges of sexual assault arising out of an incident in Calgary where the complainant alleged she was raped while sleeping in a bedroom. There was no direct evidence that David Chow's client had assaulted her in any way. The case was entirely circumstantial -- arising from DNA located during a post-police-report medical examination. This case was very interesting because section 276 of the Criminal Code did not apply. The defence asserted that 276 did not apply because the evidence related to the actual sexual activity forming the subject matter of the charge. Notwithstanding how difficult these cases are for trial judges, this case was even more so because of the fact that there was no direct evidence implicating the accused at the time of the alleged assault. There were other reliability issues that made this case challenging for the Crown. In the final result, "reasonable doubt" carried the day and the accused persons were acquitted.