Assault Lawyer in Vancouver BC
If facing assault accusations or potential charges, consult an experienced assault defence lawyer. Vayeghan Litigation excels in defending assault and uttering threats charges in Vancouver and the Lower Mainland. Led by a former Crown prosecutor, our practice offers unique insight into the legal system, ensuring effective defence services with a high success rate. Mr. Vayeghan has a first-hand understanding of how the Crown may proceed in terms of bail, charges, and proceedings.
Each case is approached individually for personalized attention and meticulous defence. making us a beacon of hope for all assault charges. With a track record of success that speaks volumes, our practice stands as a beacon of hope for those facing all types of assault charges.
Assault Charges:A Guide
There are many categories of assault. Sections 265-268 in the Criminal Code of Canada cover assault, assault with a weapon, assault causing bodily harm, and aggravated assault. While the simplest assault charges may proceed by summary conviction with a maximum jail sentence of 6 months, more serious assaults can carry a maximum jail sentence of 14 years.
A conviction can lead to a criminal record. This can impact your opportunities for international travel, employment, and social reputation.
According to the Criminal Code of Canada, an assault is committed when:
- without the consent of another person, he or she applies force intentionally to that other person, directly or indirectly; or
- he or she attempts or threatens, by an act or a gesture, to apply force to another person;
Note that not only can actual violence be considered an assault, but even threatening to do so is an assault. Additionally, assault charges require that:
- there was intent by the attacker to apply force, and
- the victim did not consent to the application of force.
Assault with a weapon occurs when an assault is committed (in one of the ways listed above) and in the process, uses or threatens to use a weapon or an imitation thereof. An assault that causes bodily harm to the complainant is called assault causing bodily harm.
An aggravated assault is a serious assault charge that can only proceed by way of indictment. This level of assault is when the complainant is wounded, maimed, disfigured or their life endangered as a result of the assault.
If you would like to discuss your specific case, call us at 778-653-3995. We are available to speak with you 24/7.
Uttering Threats and Unlawful Confinement
Moving beyond the various types of assault charges, the law also captures significant matters involving uttering threats and unlawful or forcible confinement. These offenses delve into territories where the intentions and actions of the accused come under careful scrutiny, and often form the central basis for a legal defence strategy.
Charges of unlawful or forcible confinement pertain to an individual who, lacking legal permission, restrains, incarcerates, or forcefully takes hold of another person.
A criminal charge of making threats entails making a statement, whether spoken or in another form, with the intention to cause harm or danger to a person’s life or body, to cause destruction or harm to property, or to harm animals or birds that belong to someone else.
When facing assault charges, uttering threats, or unlawful confinement allegations, having the support of an experienced former crown prosecutor is crucial. These cases involve complex scrutiny of intentions and actions, forming the core of a strong defense strategy.
Bail Hearings
If you are charged with an assault, depending on whether you are a first-time offender or have a history of charges, you may be released from custody until the trial. The terms of this release is called an undertaking or recognizance.
Some cases may require a bail hearing. A bail will let you remain out of jail while you wait for your trial. If you haven’t done so already, we advise you to retain a criminal defence lawyer for this bail hearing. Being denied bail means you will remain in jail while waiting for your trial.
Restoring Connections: Lifting No-Contact Conditions
In instances where allegations of domestic assault involving a partner or family member arise, the legal system may impose a no-contact order, effectively interrupting communication and contact. These orders carry significant weight, potentially leading to the separation of loved ones, influencing living arrangements, financial decisions, and even impacting parenting responsibilities, especially when children are involved.
Recognizing the crucial significance of re-establishing these connections, our dedicated team, led by former crown prosecutor Mr. Vayeghan, is well-versed in navigating the complexities of lifting no-contact conditions.
Mr. Vayeghan’s unique background empowers him to advocate for the removal of no-contact conditions efficiently. Through skillful negotiation, he aims to expedite the process, allowing you to regain essential connections as swiftly as possible.
Defences
There are several legitimate defences against assault charges. This may include self-defence or defence of person, consent from the complainant, a reflex action, crime prevention, and defence of property.
Vayeghan Litigation has a track-record of obtaining positive results for its clients. Here are some of our recent successes. Start your legal defence by giving us a call at 778-653-3995.
Penalties for Assault Charges
The penalties for being convicted of assault vary depending on the severity of the assault charge, as well as other factors such as whether the Crown Prosecutor tries the case by way of indictment or goes for a summary conviction.
For an assault, the penalty for a conviction by indictment is imprisonment for up to five years. For an assault with a weapon, or assault causing bodily harm, the penalty is a maximum of ten years’ imprisonment. These three types of assault also have the possibility of proceeding by summary conviction, in which case the maximum sentence is 6 months’ imprisonment and a $5,000 fine.
However, for aggravated assault, the Crown’s only option will be to proceed by indictment. In this case, the maximum penalty is 14 years’ imprisonment.
Depending on your immigration status in Canada, a conviction for a serious assault may pose deportation consequences to non-citizens. Vayeghan Litigation benefits from experience in the complex area of criminal deportation proceedings, and we will fully advise clients of such risks.
The penalty for any assault will, of course, vary on the specific circumstances of the case. These factors can include the nature of the relationship between the offender and complainant, and other mitigating factors at the time of the incident.
Record of Success
Vayeghan Litigation has successfully defended clients across Greater Vancouver with different levels of assault charges, including uttering threats and unlawful confinement. In many cases, we have negotiated with the assigned Crown Prosecutor to have a “Charges Dropped. No Criminal Record” result.
Our lead lawyer, Mr. Mo Vayeghan, is a former Crown Prosecutor and is familiar with the manner in which the Crown will likely approach your case. To work towards the best result for you, we will assist you at all criminal justice proceedings, right from the time charges are laid to bail hearings, and should it be in your best interests, court hearings.
Free Consultation
A Vancouver assault lawyer can help you get the best chance of avoiding a conviction in Vancouver courts. To receive effective advice on how you should proceed and address your assault charges, call us at 778-653-3995 to set up an appointment today.