(Calgary, Q.B.). OA was charged with unlawful confinement and sexual assault in Calgary. This case was exceptionally well prosecuted. After days of evidence, including hearing from the accused, the judge properly applied the Supreme Court of Canada's decision in R. v. W.D. and though he did not believe the exculpatory version of the events offered by the accused, he articulated cogent reasons to explain why he was left with a reasonable doubt. OA was found to be "not guilty" Proof beyond a reasonable doubt is sometimes artistically thought of as the "silver thread" in criminal justice (the golden thread being the presumption of innocence). The gold and silver threads operate together to ensure the integrity of our justice system; which is designed guard against wrongful conviction. One of the most difficult aspects of our criminal law is that no person -- even the most erudite trial judge -- can really know the truth. Sometimes even the most well intended witnesses do not know the truth. David Chow is a criminal defence lawyer in Calgary who defends all cases, even the most difficult allegations, such as sexual assault.
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, YC). B.P. was charged with sexual assault, along with another youth. The Crown took a fairly position in sentence, seeking a period of probation with a criminal record. Though a criminal record for a first time young offender is not permanent, its existence could nevertheless have had an impact on the young offender's future prospects. The Defence successfully applied for a conditional discharge, which effectively gave BP a better chance at his early prospects. A conditional discharge is a sentence where the judge finds the accused guilty, but reasons of public interest, does not registered the conviction permanently.. Unlike absolute discharges, conditional discharges are buttressed by a probation order. The offender must complete the terms of the probation order to receive the benefit of the discharge. David Chow is a criminal lawyer in Calgary who defends sexual assault. Call 403.452.8018 for a free telephone consultation.
(Calgary, P.C.). Calgary criminal lawyer, David Chow, secured the withdrawal of a serious sexual assault allegation. Merely being charged with sexual assault can have debilitating life consequences. The accused may not only be subject to strict bail conditions, the stigma attached to sexual assault is obviously extremely negative. Today, the media picks up and covers many sexual assault cases at trial. Where the complainant is often protected by way of a publication ban, the accused is not. That means even if the accused is actually innocent of any wrongdoing, there is nevertheless a high likelihood that he or she will be exposed to significant public scrutiny. If you need to defend a sexual assault case, call A Calgary sexual assault who defends cases throughout the Province at 403.452.8018.
(Okotoks P.C.). The client was charged with sexual assault and sexual interference. Okotoks defence lawyer, David Chow, secured the withdrawal of the charges prior to trial based serious frailties with the evidence. Though this case had a significant impact on the accused while he was awaiting trial, he did not have to go through the actual hardship of trial. The best defence to any sexual assault trial is not to have one. For a free consultation with Calgary defence lawyer, David Chow, call 403.452.8018. Defend yourself.