Facing a first-time assault charge can be a daunting experience. The legal process that follows is often complex and involves serious consequences.
Understanding how the legal process works is crucial. Read on to learn about the law on assault and what it means to be charged with a first-time assault offence. We’ll offer guidance on what to expect, what your options are and how to get the best possible outcome.
Defining Assault
There are two definitions of assault:
- The intentional threat of harm to another person that causes that person to fear for their personal safety.
- The intentional act of causing actual harm (rather than just the threat of harm) to another person.
In the civil context (individuals suing other individuals), the first definition is known as assault while the second definition is known as battery. In the criminal context (the government prosecuting a crime), both definitions are considered assault.
In Canada, there is no specific criminal definition or charge for battery. Battery in the civil context is also assault in the criminal context. More specifically, it is assault causing bodily harm. It is important to make this distinction because “assault and battery” are often used interchangeably or together. If you have been charged with assault, you are likely dealing with criminal assault which encompasses both definitions above. So whether you’ve caused actual harm to a person or only threatened them, you may have committed criminal assault.
Legal Consequences of an Assault Charge
Criminal assault carries with it potentially serious legal consequences such as probation or jail time. Of course, the severity of the consequences will vary depending on factors such as the nature of the offence, the extent of any injuries caused, and the circumstances surrounding the offence.
For example, violence against a familial or intimate partner is considered an aggravating factor in Canada (something that makes an offence more serious). If the circumstances of the offence involved a domestic relationship, there are heightened penalties. If you’ve been charged with assault against a domestic partner, seek legal representation from a reputable criminal lawyer in Edmonton who is well-versed in defending against a domestic assault charge.
The Role of an Experienced Assault Attorney in Edmonton
Navigating the legal process following an assault charge requires careful consideration and strategic planning so your first step is to hire an experienced lawyer who knows how to handle your case. An experienced assault attorney will work to challenge the prosecution’s evidence and defend your rights. If you’ve been charged with assault in Edmonton, an Edmonton criminal lawyer with extensive experience in assault cases can assist you by negotiating for your best interests, advocating for you in court, and striving to get you a lesser sentence.
How to Get a Reliable Assault Attorney in Edmonton
If you’ve decided to hire an attorney, it’s crucial to conduct thorough research to make sure you hire a reliable one. If you don’t know a lawyer, explore law firms online to find someone who is highly reputable. You may also want to gather recommendations from trusted sources. Reach out to friends or anyone else who may have firsthand experience with an assault attorney in Edmonton.
Once you have a few attorneys in mind, it’s time to focus on their specialization and experience. Look for attorneys who specialize in assault cases and have experience in handling such matters. Take a look at their track record and past case outcomes. This way, you can assess their expertise and effectiveness in representing similar clients.
Double-check the credentials of potential attorneys. Ensure they’re licensed to practice law in your area. Research what their former clients thought of their work. Choose an attorney who demonstrates a strategic approach to defending assault cases through case preparation, evidence evaluation, and more. Ask about their proposed defense strategy and their assessment of your case’s strengths and weaknesses.
Also consider attorneys who have access to a network of professionals and resources such as expert witnesses, investigators, or therapists. Evaluate their ability to use these resources to strengthen your case and get a favourable result. This can help with your defense.
Overall, trust your instincts when selecting an assault attorney. Choose someone you feel safe working with. You should be confident in their ability to provide skilled representation.
The Importance of a Consultation
Are you still on the fence about your potential lawyer? Remember to schedule a consultation with the attorneys on your shortlist. This will give you the opportunity to discuss your case and determine which attorney is suitable to be your legal representative. Use your consultation to note a lawyer’s communication style and degree of attentiveness. Ask yourself, “Do they have a willingness to address my concerns?” Ask about the attorney’s fee structure, including retainer fees, hourly rates, and payment plans. Clarify any extra costs or expenses associated with your case. That way, you can avoid unexpected financial burdens.
Getting a Favourable Outcome After an Assault Charge
After retaining legal representation, provide your lawyer with comprehensive information, cooperate with them, and adhere to their instructions throughout the process. That way, you can increase your changes of getting a favourable outcome for your case.
If you’re a first-time assault offender and you’ve been charged with minor assault, you likely have alternative sentencing options to jail time available such as a fine, community service, or probation. Thus, it is very important that you demonstrate remorse and show a commitment to addressing any underlying issues that may have led you to commit the offence. For example, by seeking counseling or therapy and proactively engaging in anger management and conflict resolution programs. Participating in one or more of these activities can help you obtain a less severe sentence because it demonstrates a genuine effort on your part to address behavioural concerns and reduce the risk of future offences.
Are you ready to work with expert lawyers who will advocate on your behalf against an assault charge? Schedule a consultation with one of our lawyers at BARR LLP today. With extensive experience in assault cases, our lawyers will represent you well and fight for your best possible outcome.
