Assaults
An assault is the intentional application of force, directly
or indirectly, to another person, without that person's consent. Even
a threat - by act or gesture, to apply force to another person,
can constitute an assault.
Assault may be prosecuted by either
summary conviction (i.e. less serious) or indictment (i.e.
more serious). In most
cases, a simple assault will be prosecuted by summary conviction.
If convicted, you may face a fine of up to $2,000, or face
up to 6 months of imprisonment, or both. In addition, other
penalties may be imposed, such as being placed on probation
for up to three years, during which time you may have no contact
with the victim and you may be required to receive anger management
counseling.
In cases of domestic violence, you can expect
the police and the Crown to prosecute the offence vigorously,
regardless of the wishes of the complainant (alleged victim).
Charges such
as assault causing bodily harm, aggravated assault, and assault with a weapon
tend to be vigorously prosecuted in British Columbia and often result in a
sentence of incarceration.
What You Should Do
When charged with assault, always talk to a lawyer before engaging
in any discussion with the police. Do not attempt to
contact the complainant (alleged victim) without checking
to see that there are no restrictions on doing so. If
the Courts or the police have released you with a “no
contact” order, you can be charged with a new criminal
offence if you make such contact. As well, by doing
so, you may be arrested and denied bail.
Why
Choose Double Diamond Law
 Experience – As
a criminal lawyer, and with seven years experience as a Crown
Prosecutor in the Sea-to-Sky Corridor, Greg Diamond has dealt
with many assault cases from both sides of the legal divide. He
has exceptional experience and expertise in these cases.
Creativity -
Double Diamond Law Corporation understands how to solve
problems – liaising with the Crown and police to
find creative solutions that are acceptable to their
side, while ensuring that the client does not end up
with a criminal record. Successful use of alternative
measures is typical of Double Diamond Law’s out-of-the-box
thinking that lead to better resolutions for clients.
Will Appear on Your Behalf– Double
Diamond Law will appear as your agent, on your behalf,
so you do not have to travel to the Court house. Considering
that the nearest Court house is in North Vancouver, this
service is extremely valuable to Corridor clients.
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© Double
Diamond Law Corporation | #217 - 4368 Main Street, Market Pavillion, Whistler, B.C. | greg@doublediamondlaw.com Tel.:
604.938.0890 or 1.877.938.0890 Fax: 604.938.0870