(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 AM successfully completed the program and all charges were withdrawn.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 sexual assault lawyer
FREE CONSULTATION: (403) 452-8018
There are many categories of "assault". A less serious kind of assault is "common assault". A more serious kind of assault is assault with a weapon, assault causing bodily harm, aggravated assault and assaulting a police officer. In the assault taxonomy, "sexual assault" carries the most serious stigma. Today, sexual assault is garnering increased attention by the news media and special interest groups.
There are also secondary categories of assault. For example, a person can be charged with an assault in a domestic context. Sexual assault can also be prosecuted as a "domestic sexual assault". This situation often involves allegations against persons within a household.
In our common law, there is also a category of sexual assault called "major sexual assault". A major sexual assault is defined by Courts of Appeal as a sexual assault involving penetration. Accordingly, if the allegation is intercourse, digital penetration or oral sex, the category of assault is "major". A major sexual assault usually triggers a starting point jail sentence if convicted of 3 years in a Federal penitentiary.
What makes a sexual assault different that a non-sexual assault?
Sexual assault involves a touching that is intended to be sexual in nature. With that in mind, accidentally touching somebody in the genital area may not be sexual assault, but touching a person on any part of their body with sexual intent could be sexual assault.
what are the defences to sexual assault?
If you have been charged with a sexual assault in Calgary, Alberta or anywhere else, it is imperative that you hire a sexual assault lawyer to evaluate all potential defences. Some typical defences are "consent" and "honest but mistaken belief in consent". In some cases, the allegations are simply false. Whatever the case, the consequences for the accused are high. Not only does the accused face the social stigma and possible jail, but he or she may be registered on the Sexual Offender Information Registry.
David Chow has run hundreds of trials in his legal career. If you have been charged with a sexual assault in Alberta, call for a free telephone consultation. David is a Calgary sexual assault lawyer of choice. Don't choose just any criminal lawyer, choose the right one. Choose wisely.
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.