Being accused of assault is a serious matter and often an experience that comes with significant stress and fear. Being convicted of assault carries significant personal and legal ramifications, ranging from incurring fines and gaining a criminal record to being imprisoned, all of which can permanently damage your reputation and ability to rebuild your life in the aftermath.
Understanding your rights and knowing how to defend yourself against the unthinkable is crucial to securing the best possible outcome. When facing criminal charges, time is of the essence. Taking appropriate steps as soon as possible can often be critical to reducing or dismissing charges, and having the right criminal defence lawyer by your side is essential to protecting yourself when it matters most.
At Vayeghan Litigation, we know just how crucial having a strong foundation of defence is to securing the best possible outcome for your assault case. Founded by Mo Vayeghan, a former British Columbia Crown Prosecutor and Ivy League-educated criminal defence lawyer, our team is proud to defend clients in Vancouver and the Lower Mainland region against charges of assault at all levels.
If you have been accused of assault in British Columbia, below are some of the most important details to be aware of to protect yourself. Read on to learn more.
Understanding Assault Charges in British Columbia
The Criminal Code of Canada defines assault as: “An intentional act of force applied to another person without their consent, either directly or indirectly.”
Charges range from simple assault to more serious offences like aggravated assault, assault causing bodily harm, or sexual assault. The charges laid will vary depending on the unique circumstances of every case, including key details like whether or not the victim was injured, if weapons were involved, and/or the intent behind the actions of the accused.
It is important to note that whether you face simple assault charges or an indictable charge like aggravated assault, being convicted can significantly alter the course of your life, including ruining your reputation and limiting your employment and travel potential. If you are facing assault charges, it is essential to seek trusted legal counsel to protect your rights and your future.
Learn more about how assault is defined in the Criminal Code here.
Steps to Take If You Are Accused of Assault
If you are accused of assault, the following steps are vital to protecting yourself:
Remain Calm and Stay Silent
Being accused of a crime is an emotional experience, and it is understandable that you may want to defend yourself and try to explain the situation. One of the most important things you can do is remain calm and stay silent. If you are accused of assault, your first instinct may be to defend yourself or explain the situation. It’s important to remain calm and avoid escalating the situation. Cooperate with law enforcement officers, but remember that you have the right to remain silent. Avoid providing detailed statements without legal counsel present. Do not engage in aggressive arguments or altercations with the police. This will only make the situation worse.
Exercise Your Right to Silence
Under Canadian law, you have the right to remain silent, as well as the right to counsel. This means that you have the right to speak with a criminal defence lawyer before answering any questions. Do not provide explanations or admit guilt during your initial interactions with the police. Anything you say can and will be used against you in court. Remain courteous and calm, and politely inform law enforcement that you wish to speak with legal counsel before answering any questions.
Contact a Criminal Defense Lawyer Immediately
The most critical part of protecting yourself after being charged is to SEEK REPRESENTATION IMMEDIATELY, from a skilled criminal defence lawyer like Mo Vayeghan. Having the right counsel on your side will provide you with access to the knowledge and experience you need to develop a tailored defence strategy, prevent costly mistakes, and improve your chances of a favourable outcome. If you have been arrested and are facing charges of assault, the time to act is now.
Avoid Contact with the Complainant
Oftentimes, when someone is accused of assault, there may be conditions like a no-contact order put in place. It is essential to abide by all terms of the order. Violating direction conditions can lead to significant issues, including additional charges and complicate your defence.
Even if you aren’t subject to any overt conditions, it is a best practice to avoid any indirect or direct contact with your accuser(s). This helps to prevent miscommunication and reduces the opportunity for further complications.
Document Your Recollection of Events
The events prior to and immediately following accusations of assault being levied are typically emotional and extremely dynamic, both of which can hinder your long-term memory. Write down the most detailed account of the incident possible as soon as possible, including details about what happened, who was present, and any potential witnesses. This information can be invaluable in preparing your defence and should only be shared with your lawyer to maintain confidentiality and protect against misinformation.
Comply with Bail Conditions
Finally, if you are released on bail, strictly adhere to any and all conditions you are subject to. Bail violations can lead to your immediate arrest and cause further legal issues that complicate your defence. Your lawyer will assist in petitioning against any unreasonable conditions as necessary.
Lifting No-Contact Orders
Your lawyer will work to negotiate with the Crown to explore whether no-contact conditions can be lifted. This process often involves assessing the complainant’s willingness to reestablish contact and considering factors such as the seriousness of the alleged offence and the presence of any violence. Successful negotiation may require demonstrating that lifting the no-contact order poses no risk and aligns with the interests of justice, and would require judicial approval. To lift No-Contact Orders, it is strongly recommended to act promptly, as the process can take time to produce results.
Building a Strong Defense
Building a strong defence against assault charges in British Columbia requires experience and a thorough knowledge of multiple factors, including the specific details of your case and the Canadian Criminal Code, as well as any set precedences that may work in your favour. It is crucial to choose criminal counsel who knows how to quickly adapt and find the right angle to help secure the best odds for a favourable outcome. Defence strategies that may be applicable in an assault case include:
Self-defence: Demonstrating that the defendant acted to protect themselves or someone else from harm.
Consent: Proving beyond a reasonable doubt that the complainant consented to the physical contact.
Lack of Intent: Demonstrating that the actions of the accused were unintentional.
Mistaken Identity: Establishing that the accused was not the party involved in the incident.
Your lawyer will compile all the pertinent facts of your case, identify inconsistencies in the complainant’s account, and work to challenge the prosecution’s case.
Potential Outcomes
At Vayeghan Litigation, our founder, Mo Vayeghan, has an exceptional portfolio of favourable outcomes against assault charges, including many cases of acquittals, dropped charges, or no criminal record outcomes. Choosing the right lawyer is essential to building the strongest defence possible and increasing your chances of the best possible outcome. Experienced lawyers like Mr. Vayeghan know how to relentlessly fight for your right to freedom and ensure your voice is heard when it matters most.
Why Choose Vayeghan Litigation
Facing an assault accusation can feel daunting, but with the help of Vayeghan Litigation, you never have to navigate the legal system or protect your rights alone. Mo Vayeghan brings his previous tenure as a BC Crown Prosecutor, an Ivy League education, and extensive knowledge to every case and will ceaselessly fight for your rights.
CALL US NOW FOR A FREE CONSULTATION
CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation today.
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