Assault Lawyer in Vancouver BC
If you are accused of assault, or believe you may be accused of an assault charge, you need to speak to an assault defence lawyer.
Vayeghan Litigation has a track record of defending assault and uttering threats charges for individuals in Vancouver and the Lower Mainland. As a former Crown Prosecutor, Mo Vayeghan has a first-hand understanding of how the Crown may proceed in terms of bail, charges, and proceedings. This unique insight translates into an effective defence service with a high success rate.
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 will also lead to a criminal record. This can affect your opportunities for international travel, employment, and social reputation.
Here are some things to know about the various assault charges and the different stages of assault charge proceedings. If you would like to discuss your specific case, call us at 778-200-7393. We are available to speak with you 24/7.
Did you act in self-defence? Give us a call immediately.
What Are Assault And More Serious Assault Charges?
There are many categories of assault. Other specific assault charges that are discussed separately, because of different considerations and complexities, are domestic assault and sexual assault.
According to the Criminal Code of Canada, an assault is committed when:
without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
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.
What Happens If I Get Charged with Assault?
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.
What are some possible ways to defend against assault charges?
There are some 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 778-200-7393.
What Happens If I Get Convicted of Assault?
The penalties for being convicted of assault varies 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.
Vayeghan Litigation - Vancouver Assault Lawyer
Vayeghan Litigation has successfully defended clients across Greater Vancouver with different levels of assault charges. In many cases, we have negotiated with the assigned Crown Prosecutor to have a ‘Charges Dropped. No Criminal Record’ result.
Our principal lawyer, 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.
Understand Your Legal Options with a 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 778-200-7393 to set up an appointment today.