(Airdrie, P.C. - Uttering Threats). BVB was charged with uttering threats as part of a domestic violence incident occurring in Airdrie, Alberta. David Chow is one of several Calgary criminal lawyers who appears in courts throughout Alberta, including the City of Airdrie. In this case, the disclosure in BVB showed that notwithstanding the "domestic" categorization of the offence, it was actually fairly trivial in nature. Helping BVB was the fact that counselling was considered part of an acceptable arrangement and the complainant fully supported the non-criminal record type resolution negotiated by defence counsel. Ultimately BVB was allowed to return home, without a criminal record. This is yet another example where working to connect with the Crown, who in turn is prepared to closely consider the case and craft a reasonable resolution operates to not only save the accused a criminal record, but also, to save the accused the impact on his or her wallet. Though many criminal defence services are costly, the first priority for every criminal lawyer is (1) to protect the client against a criminal record while (2) being respectful and sensitive to legal costs. David Chow is a full service Airdrie criminal lawyer who works to achieve both of these ends. For a free consultation with an experienced domestic assault lawyer in Calgary, Airdrie or anywhere in Alberta, call 403.452.8018. Where possible, save money on your lawyer.
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. - Domestic Assault). EAM was charged with a single count of domestic assault in a case arising in Calgary. Though the incident was relatively trivial, the Crown and Court takes all allegations of domestic violence very seriously. The reason for this is due in large measure to the impact that domestic violence has on the family (especially children) and the trust relationship that exists between cohabitating persons. The lesson from this case was not so much in skilled lawyering; rather, this is a case about a client who despite some initial reticence, ultimately took advice from his Calgary domestic assault lawyer. David Chow instructed the client that notwithstanding his position, there was a non-criminal record disposition that achieved the end of avoiding criminal consequences while at the same time saving legal fees. Also, this is a situation where the Crown Prosecutor displayed a high level of compassion for the accused in agreeing to the resolution. Though the accused needed to complete some counselling, the resolution also preserved the accused's clean standing and protected his public record from registering a criminal conviction. Ultimately, this client worked hard to resolve the case and at the end of his counselling, expressed how it had changed his life. If you have been charged with domestic assault, consult with a humber of Calgary criminal lawyers so that you can make the right choice. David Chow offers a free consultation and a promise: if retained, he will work in your best interest. Your best interest concerns both the outcome of the case and its impact on your wallet.
(Alberta, P.C. - Sexual Assault). SCS was charged with a number of sexual assault related allegations arising shortly legally becoming an adult. SCS's case was somewhat unique because the criminal law jeopardy only existed because of certain limitations/definitions in the Criminal Code. As with many sexual offences, "consent" may be an important issue. Canadian law recognizes that people in a certain age group cannot consent, even with those who are close to their age, but not directly within the parameters of the close-in-age exceptions recognized in the Criminal Code of Canada. The charges faced by SCS carried minimum punishments. SCS's Alberta sexual assault lawyer filed a Charter Notice challenging the mandatory minimum penalties -- the application was successful. The Defence also successfully argued that the high custodial sentence sought by the Crown was not appropriate in the unique circumstances of SCS's case. As a result, SCS received a very favourable sentence. Important to SCS's case is a recognition that the incident was not the kind of "rape" scenario ordinarily envisioned in sexual assault situations. Some sexual assault cases capture accused persons who are close-in-age to the complainant(s), but not within the range of exception recognized by our law. In cases such as R. v. Hajar and R. v. Ford the Alberta Court of Appeal recognized that close-in-age situations could mandate penalties below -- possibly even far below -- the mandatory minimum punishments outlined in the Criminal Code. SCS was lucky because in Canada, individualized sentencing is seminal to the sentencing process. As an individual, it was recognized that SCS's case was not the kind of rape scenario that often attracts the mandatory minimum or even serious custodial sentences, such as those contemplated in authorities such as R. v. Sandercock. Indeed, SCS is an example of a case where denunciation and deterrence can be accomplished fairly, compassionately and legally. If you have been charged with sexual assault, it is important to hire the right criminal defence lawyer for the job. David Chow is a full service Alberta criminal lawyer who offers a free consultation.
(Calgary, P.C. - PPT). BDR sought judicial interim release (bail) in relation to a plethora of charges, including: cocaine trafficking in Calgary, possession for the purpose of trafficking, unlawful discharge of a firearm, breach of recognizance and failing to appear in court. In R. v. Antic the Supreme Court of Canada recently re-affirmed cornerstone principles ingrained into Canada's criminal law: the presumption of innocence and the right to reasonable bail. With respect to judicial interim release (or bail), the Supreme Court was very clear that all persons accused of crime are presumed innocent until proven guilty and have a right to reasonable bail unless there is "just cause" to believe that detention is necessary. The narrow set of circumstances for detention include: unmanageable flight risk, the risk of new criminal offences that will endanger the public and the loss of public confidence in the administration of justice. For BDR the strength of the crown's case was highlighted; this included serious issues with the Crown's ability to identify the accused as the perpetrator of any crime. Since BDR was charged with trafficking and firearms offences, the onus on bail was reversed -- meaning, he had to show cause for release. Though there were many Calgary criminal lawyers to choose from, BDR hired David Chow -- a Calgary drug lawyer, firearms lawyer and full service criminal defence lawyer with nearly two-decades of experience defending cases in Court. As result of showing weaknesses in the Crown's case, BDR was granted judicial interim release. Bail is critical to the defence of any case. If you are looking to retain a Calgary bail lawyer, call David Chow for a free consultation.