(Pincher Creek, PC. - Sexual Assault). After a few days of trial KKB was found not guilty of sexual assault. The prosecution ran a very good case, but our criminal justice system recognizes that cross-examination is an effective tool for testing the credibility and reliability of witness testimony/evidence. Sexual assault is a serious offence. The penalty for major sexual assault starts at 3 years in jail (see R. v. Sandercock). If convicted, the accused is also penalized by inclusion on the Sexual Offender Information Registry (SOIR). This registry is a public record that effectively tracks persons convicted of sexual assault by more easily bringing them into the spotlight of public attention. Like so many sexual assault cases, there is no doubt that KKB was difficult for the court; for the case involved respectfully balancing the principles of criminal justice with the interests of the accused and complainant. Also, evaluating the evidence according to principles set out in the Criminal Code and common law in sexual assault cases is not an easy task for the Court. Looking for a criminal lawyer in Alberta to defend a sexual assault case? Call for a free initial consultation. David Chow is an Alberta criminal lawyer with nearly 19 years at the criminal bar and over 21 years appearing in criminal courts. David is a Pincher Creek criminal 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). The principle of Occam's Razor aptly applies to criminal justice. In short, the path of least resistance is generally one that should be followed. In domestic assault cases, where there is risk of criminal conviction and a criminal record, it is almost always advisable for the accused to proverbially bite the bullet -- even where he or she thinks that they have done nothing wrong or even where there is an available defence. In domestic violence cases there is often a non-criminal record path called "peace bond". For many, accepting the withdrawal of charges in exchange for a peace bond is a pill hard to swallow -- but swallow they should; for to swing for a home run in criminal justice can result in undesirable consequences. This includes the risk of a criminal record along with a serious impact to the wallet in lawyer fees. In this case, the accused was somewhat reluctant to do the peace bond but ultimately made the wise decision and secured the guaranteed withdrawal of the criminal charge and no criminal record. David Chow has been defending cases in criminal courts since 1999 and defending domestic assault cases in Calgary for over 18 years. Looking for a Calgary domestic assault lawyer? Call David Chow for a free telephone consultation.
(Airdrie, P.C. - Domestic Assault). RSR was charged with domestic assault arising from a very minor incident. Like many people charged with a domestic violence offence this accused did not have a criminal record. At the outside RSR's Airdrie criminal lawyer -- David Chow -- was very optimistic that the case could be handled without the imposition of a criminal record or the necessity of a trial. When looking to hire a criminal defence lawyer in Alberta or anywhere else it is important to understand that the lawyer is often paid the most amount of money for trial; but since trials are costly, imperfect and inconsistent processes adjudicated by honest and well intending but frail human beings, where possible, they should be avoided. In this view of this Alberta criminal lawyer, if counsel ever tells you that a case is a "slam dunk" or uses words similar, you should be very sceptical; for no trial outcome in our criminal justice system can be guaranteed. In this case, RSR benefited from the immediate attention and fair minded approach of the Crown prosecutor who determined that a peace bond was appropriate and that the it was not necessary for the imposition of a criminal record. In the circumstances, RSR resolved without a criminal record and without seriously damaging his wallet. Searching for a domestic violence lawyer in Alberta, call David Chow for a free telephone consultation.
(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.