Assault Charges in Saskatchewan
Those who have been charged with assault are often nervous – will I have a criminal record for an assault charge in Canada? Will I go to jail for an assault charge in Canada? Will it affect my ability to travel out of the country and in particular to the United States (USA)?
The answer is, it can affect all of the above. If a conviction for assault is registered against you, it can have long ranging consequences for the rest of your life. It can affect your employment and employability, and it can affect your capacity to travel and enter the United States (USA) even decades into the future. Life is long, and you need to think about long term consequences, five, ten, and twenty years from now, that a criminal record can cause.
Our experienced criminal defence lawyers have successfully defended serious allegations of assault and other forms of violence at trial, to secure acquittals for our clients in cases where they have been charged in Saskatoon and across Saskatchewan with assault, assault causing bodily harm, assault with a weapon, aggravated assault, etc.
If you have been charged with assault you should consult with an experienced Saskatoon assault lawyer.
What is an assault?
In short, an assault is any unlawful touching of another person with an intent to apply force. Unlawful touching, can be made lawful where there is consent, or where a defence exists.
Spousal or domestic assault is a very common charge, but this does not mean it is not serious –you could end up with a CRIMINAL RECORD.
If you are charged with assault or another offence under the Criminal Code, it is very important that you consider consulting a lawyer.
Your rights may be affected and it is necessary for you to have an experienced and competent Saskatoon criminal defence lawyer to provide you with legal advice and protect your legal rights.
What are the different types of assault charges?
The different types of assault charges are:
s.265 – common assault: The least serious of the assault offences under the Criminal Code of Canada. An example of a common assault would be someone getting pushed; or someone making a threat with hand gestures, causing another person to reasonably believe they will act on their threat.
267 – assault with a weapon or causing bodily harm: The same as common assault, however there must be “bodily harm”, which has been interpreted by Canadian courts to mean any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. An example of assault causing bodily harm would be someone punching another person in the head, and giving them a black eye.
268 – aggravated assault: The most serious of the assault offences. In order for an assault to fall within this category, the victim must be wounded, maimed, disfigured, or had their life endangered. An example of an aggravated assault would be someone getting stomped and their legs broken.
What must the Crown prosecutor prove?
In order for the Crown prosecutor to convict you for a common assault, they must establish beyond a reasonable doubt:
- Identity – that you were the person that committed the assault
- Date and time of incident
- Jurisdiction (incl. region and province)
- That you applied force on the victim
- That you intended to apply force and it was not by reflex or carelessly
How can I beat an assault charge? Was there any intent?
First and foremost, in order to fight an assault charge, you should consult a qualified and competent Saskatoon criminal defence lawyer to review your disclosure. There may be Charter or Rights and Freedoms issues, if there are charges may be thrown out in court.
There may be other substantive defences that could be raised. Do not speak to the police. The police have the job to convict you. Anything you say will be used against you. If you have exculpatory facts tell them to your lawyer and the judge. Do not communicate with the police at all. The past is the past, but do not speak further to the police.
For example – was the alleged assault, an accident? Or was it a reflex? If this is the case, there is no mens rea, and therefore you cannot be convicted of assault. Share these facts with your lawyer only.
Was there consent? Did both parties agree to a fight? If both parties agreed to a fight, then this may be a defence. Share these facts with your lawyer only.
Were you acting in self-defence? Did the victim assault you first? If this is the case. We might be able to beat your charges. . Share these facts with your lawyer only.
If you have been charged with assault or another criminal offence, your rights may be affected and it is necessary for you to have an experienced and competent Saskatoon criminal defence lawyer to provide you with legal advice and protect your legal rights.
Your rights may be affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights.
You will doubtless want to have the best Saskatoon criminal defence lawyer representing you; no lawyer can say that they are the “best Saskatoon criminal defence lawyer” because there will be so many experienced Saskatoon criminal defence lawyers who are equally good and qualified.
You should choose the lawyer to represent you in whom you have the most faith and confidence. You should speak to multiple lawyers and choose the best Saskatoon criminal defence lawyer that is the best for you in your own estimation and evaluation.
And you should quite frankly be weary if any one Saskatoon criminal defence lawyer claims that they are the absolute “best Saskatoon criminal defence lawyer” as that is an unreasonable claim for any competent Saskatoon criminal defence lawyer to make.
You need legal knowledge, experience, grit and determination in your corner fighting for your rights and freedoms. Our firm has offices in Saskatoon, Regina, and Moose Jaw and handles cases all over Saskatchewan. Call us now, we can help.
Saskatoon Uttering Threats Charges – Did you intend for the words to be a threat?
Those charged with uttering threats pursuant to the Criminal Code of Canada face the possibility of having a criminal record or going to jail if there are prior convictions.
Make sure to hire experienced criminal defence lawyer to litigate your matters, including the possibility of trial.
What is the Criminal Code section for uttering threats?
Under s. 264.1 (1) of the Criminal Code of Canada — a person who, in any manner, knowingly utters, conveys or causes any person to receive a threat, is guilty of the offence of uttering threats.
The Criminal Code recognizes 3 types of threats.
- Threats to cause death or bodily harm to any person;
- Threats to burn, destroy or damage real or personal property of any person;
- Threats to kill, poison, or injure an animal or bird that is the property of any person.
A criminal lawyer like Linh Pham with trial experience will be your best defence against an allegation for uttering threats. He will work hard to prove your innocence and secure an acquittal based on any of a number of defences available. It is important that you maintain a clean criminal record and Mr. Pham can assist.
What must the Crown prove?
The Crown must prove, beyond a reasonable doubt:
- the identity of the Accused;
- that the Accused uttered words and the words conveyed a threat;
- and that the words were meant to be seriously taken as a threat.
What is the sentence for uttering threats?
If you are convicted of uttering threats – you could have a CRIMINAL RECORD.
This may affect your employment, ability to get a new job, or affect your ability to travel.
In addition, depending on the circumstances and your criminal record, you could be looking at probation or a custodial sentence.
Are there defences to this criminal charge?
Possible defences to uttering threats include “puffery” – or that the words conveyed were not intended to be taken seriously.
If you are facing criminal charges like uttering threats, domestic assault, sexual assault, or another offence under the Criminal Code, it is very important that you call an experienced criminal defence lawyer right away.
Your rights and freedoms may be affected and it is therefore advisable if not necessary for you to have an experienced and competent Saskatoon criminal defence lawyer represent you and provide you with legal advice and explore your legal options.
How to Get in Touch
If you need legal advice, contact Merchant Law Group LLP now about your case. Or stop by our office in downtown Saskatoon at 224 4th Ave S. There is metred street parking or an Impark Lot behind our office, between our building and the Saskatoon Court of Queen’s Bench Court House.