An assault is the intentional application of force without consent. Even a minor touch, like a push, or actions done in self-defence, can be alleged to constitute an assault and lead to your being charged and prosecuted. Other instances of assault include domestic assault, sexual assault, aggravated assault, assault with a weapon, and assault causing bodily harm. Whether your alleged assault is the most serious or most minor, you will need an experienced Nanaimo assault lawyer to assist you in your defence.
The criminal defence lawyers at Zargarian Litigation have defended many assault cases on Vancouver Island and across BC. Whether your goal is to prove your innocence or reduce the consequences, the criminal defence lawyers at Zargarian Litigation are experienced assault lawyers and familiar with the local legal practices.
Domestic Assault
Domestic assault allegations are taken very seriously by the prosecution (the “Crown”) and courts. Conviction on such charges may lead to a criminal record, jail, or negative impacts in any family law, divorce, or custody proceedings. The prosecution may not end even if the complainant has changed their story. This is because the Crown decides whether charges will continue and not the complainant.
In some cases, prosecution, conviction, or a criminal record can be avoided through competent advocacy and advice. That is why you need the services of a competent Nanaimo criminal defence lawyer. After reviewing the evidence and speaking with you, our lawyers will assess the strength of the case against you and provide you with your options.
Sexual Assault
Considered a “general intent” offence, the Crown does not need to prove that the accused had a sexual purpose. The Crown need only prove that the touching was of an objectively sexual nature. The offence is very broad and captures conduct from the lowest end of the spectrum all the way to the most serious, from mistakes made in poor judgment to deliberate and well-calculated decisions.
Learn more about options and liabilities that arise in sexual assault cases.
Assault with a Weapon
Waving a knife, hitting someone with a shovel or car, or pointing a gun all have one thing in common – they can constitute assault with a weapon. A weapon is anything used, intended to be used, or designed to be used to cause injury or convey a threat to someone.
Assault Causing Bodily Harm
Assault causing bodily harm involves an assault that led to non-trivial injury. This charge is more serious than one of simple assault. Yet, it may not take much to elevate an assault to assault causing bodily harm.
Aggravated Assault
Aggravated assault is an assault that led to serious injury, like a stabbing. It is the highest form of assault short of attempted murder and murder. In some cases, aggravated assault gets close to becoming attempted murder, and the sentence can approximate one another.
Defences
There are two types of defence: that the charge isn’t proven (usually involves a trial or persuading the Crown to drop charges), or that the consequence for conviction should be lessened (usually argued at sentencing). We can help you with either or both.
The defence raised in your case will depend on the nature of the charge and evidence. For example, a defence to any charge may be that you were not the person involved, that the person consented to a fight or sexual activity, or that the act was an accident. In some cases, self-defence may be an issue, which involves considering whether the defensive action went beyond what was reasonable. These go to proof of the charge.
Defences raised to reduce the consequence may involve presenting your rehabilitative efforts (like addressing drug or anger issues), showing the effect of mental illness or stress in the offence, or highlighting your prior good character. These go to mitigating the sentence, whether you are trying to avoid a criminal record, jail time, or longer jail time.
Fight Charges of Assault in Nanaimo
Zargarian Litigation has a history of presenting strong defences for clients charged with assault in Nanaimo. Our Nanaimo-based criminal lawyer will present you with your options and risks, and then advocate for the result you would like to obtain. These are common offences with which we deal all the time, and we are familiar with the local legal practices and actors.
Give Us a Call Now – Don’t Delay
Give us a call today. Time is of the essence, as a single wrong word or move can permanently damage your case. Call us for a consultation today.