The criminal offence of assault occurs where one person intentionally applies force, or the threat of force, to another person without consent. The severity of the criminal charge is largely determined by other factors, such as whether the victim suffered any injuries and whether a weapon was used during the commission of the offence.
All assault charges are serious criminal offences. If you have been charged with a domestic assault, you should seek help from an experienced criminal lawyer.
The lawyers at Protomanni & Associates can help. Our lawyers understand the legal intricacies of these charges, including the special provisions in the Criminal Code that apply specifically to assault-based offences. In addition, we are aware of the defences available to an assault charge. We will ensure that your legal rights are protected, and we will work to achieve the best possible outcome.
This is the most basic of all assault charges. The victim does not experience any long lasting consequences and the crime is committed without a weapon.
This type of assault is where a weapon is used to apply force or threaten to use force without the victim’s consent. A weapon is any object used to commit the assault, and is not limited to just guns or knives.
Injuries experienced by the victim are more than very minor or last for more than just a short period of time.
If the injuries experienced by the victim result in disfiguration, maiming, or wounding, or if the victim’s life is endangered, the accused may be charged with aggravated assault.
To be charged with this type of assault, the defendant must know they are assaulting a police officer. The officer does not have to be in uniform; the defendant must simply be aware they are assaulting an officer of the law.
This charge arises where a person commits an assault while being lawfully arrested.
It is up to the police to determine what charges to lay, based upon the legal definition of each type of assault. After that, the Crown will examine the circumstances surrounding the assault, the injuries inflicted on the victim, and if a weapon was used, when making its determination about how to proceed with the charges.
In addition to regular assault charges, there are two specific types of assaults that are treated differently and require special attention: sexual assaults and domestic assaults.
If you are under investigation for any form of criminal assault, or if you have been arrested and charged with an offence, call Protomanni & Associates to discuss your options.
Domestic assaults are considered especially serious criminal offences, and usually carry harsher sentences than normal assault offences.
The key distinction between a regular assault and a domestic assault is that a domestic assault involves two people with a preexisting relationship, such as partners or spouses. It can also extend to assaults between parents and children, siblings, and others in a close familial relationship.
When domestic assault charges are laid, they are often accompanied by other charges, such as uttering threats, criminal harassment, and mischief to property. Once a domestic assault allegation is made, the police will almost always arrest and charge the person alleged to have done it. And, after an arrest is made, the Crown will almost always proceed with the case, even if the complainant wants to drop the charges.
In order to obtain bail, a court will usually impose special terms and conditions. These conditions will often prevent the accused from having contact with the complainant until the case is resolved. This will usually prevent the accused from retuning home. If there are minor children in the home, a client’s visitation rights and access can also be affected until the charges are resolved.
The consequences of a domestic assault conviction can also be devastating. Even beyond the risk of imprisonment, a criminal conviction for domestic assault can interfere with your ability to work, travel, and have access to your children.
When a domestic assault charge is laid, emotions are usually running high. The domestic assault lawyers at Protomanni & Associates understand the frustration one can experience after being charged with domestic assault. We have the experience to help our clients through the initial shock of being arrested and placed on restrictive bail conditions. We can take steps to lift those conditions and help you get your life back to normal.
When the stakes are so high, expert legal representation is essential.
Being charged with a sexual offence is a nightmare for the innocent. The consequences and stigma of a conviction are severe: loss of employment, mandatory minimum penalties, lengthy jails sentence, and the black mark of registry on a sexual-offenders database.
Sexual assault charges can involve a wide range of conduct, from an unwanted touch to allegations of rape. In many cases sexual assault charges may seem simple. There may only be two witnesses to the alleged sexual assault: the defendant and the complainant. In other cases, there may be complicated medical and DNA evidence. It takes experienced lawyers to understand the unique challenges of each case.
With sexual assault charges, there can often be a rush to judgment. The lawyers at Protomanni & Associates have experience defending every type of sexual assault. Whether before a judge or a jury, we have been able to expose when there is a motive to lie, prove when there was valid consent, or demonstrate a mistake in identification through an alibi.
Our lawyers are able to navigate the unique court rules that apply to sexual assault charges. In sexual assault cases, there are limits on the questions that a complainant can be asked. If a person accused of sexual assault wishes to ask questions about an accuser’s prior sexual activity, or access third party counselling or medical records, a special application must be brought.
Hard work, experience, and legal knowledge are essential to preserving your right to a fair trial.
If you have been contacted by the police to come in for questioning, you have the legal right to consult with a lawyer. The consequences of being found guilty of a sexual assault can have a dramatic impact on your life and your livelihood. Do not risk your rights or your freedom.
Protect yourself and your interests by contacting Protomanni & Associates.
In Canada, there is no specific crime of driving under the influence, A.K.A. “DUI,” but there are several offences related to driving while intoxicated, or after having consumed alcohol or drugs.
These offences are all serious, and they bring with them serious consequences. The financial costs alone are considerable. Drunk driving offences carry a mandatory driving prohibition, which means incurring the cost of securing others ways of getting around, often for a year or more. Also, following a conviction, the cost of obtaining insurance will often skyrocket, and you will often be required to install an alcohol interlock device in your car—at your own expense—for a considerable period of time. The total costs from losing your license, and the increased costs of regaining it, often total tens of thousands of dollars. In addition, a conviction for one of these offences will typically invalidate your insurance, which means you could be personally liable if a person was injured or property was damaged (including your own vehicle) in the course of the offence.
In addition to these financial costs, impaired driving offences carry all the usual risks that flow from a criminal conviction: the potential for a jail sentence, loss of employment prospects, and an inability to travel internationally.
If you have been charged with a drinking-and-driving or drug-impaired driving offence, our experienced drinking and driving lawyers at Protomanni & Associates can help.
Drug offences are serious crimes. These charges carry some of the strictest penalties, and even include mandatory minimum jail sentences in some cases. Drug offences are governed by the Controlled Drugs and Substances Act, not the Criminal Code.
If you have been charged with a criminal drug offence, you need an experienced drug offence lawyer. The lawyers at Protomanni & Associates have experience defending clients charged with drug offences, and we have helped countless clients charged with drug offences obtain excellent results.
Getting bail is often the most important part of dealing with a new criminal charge. Bail is the difference between being able to work with your lawyer to build a strong defence to your charges from out of custody and being detained in custody as you begin a long wait for your trial to begin.
Being denied bail does not mean you are guilty. However, when a client is detained in custody, it makes it more difficult to prepare a defence since the client is limited to short meetings at the jail, rather than having the ability to meet in the privacy of your lawyer’s office and take as much time as you need to prepare your defence.
Not being released on bail has other effects on your life. You are not able to work and support your family, which could result in you losing your job and your home.
The Criminal Code allows a person one bail hearing. If you are not granted bail, you can request a bail review, but this process can take several months while you are detained in jail. Bail reviews can be very useful, but they are also expensive and time consuming.
Because being released on bail is so important, it is wise to seek out an experienced lawyer for your bail hearing. The lawyers at Protomanni & Associates are experienced bail hearing lawyers. We take bail hearings as seriously as trials—after all, your liberty is at stake.
The investment in an experienced bail hearing lawyer can make the difference between being granted bail and being detained in custody pending the outcome of your charges.
If you, or someone you care about, has been charged with an offence and needs to obtain bail, contact us.
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