Domestic Assault

DOMESTIC ASSAULT, ASSUALT & OTHER VIOLENT OFFENCES

Assault charges come in many different forms. The lawyers at Slaferek Law often represent clients in domestic assaults road rage incidents, and nightclub fights. A level one assault or a simple assault attracts the least severe penalties. Level two assaults involve bodily harm or use of a weapon and attract greater penalties. The lawyers at Slaferek Law assist you in determining whether the police have recommended the right level of assault charge in your case.

Aggravated assault is the most serious form of assault and it is only slightly removed from attempted murder or manslaughter. Aggravated assault involves wounding, maiming, serious disfigurement or endangerment of life. The lawyers at Slaferek Law have assisted many clients on charges aggravated assault and can help you find the relevant defence to this serious allegation.

Assaulting a police officer is a particular form of assault and it is specifically noted in the Criminal Code as requiring denunciation and deterrence. The lawyers at Slaferek Law have assisted numerous clients with charges of assaulting a police officer and resisting arrest.

Common defences to all assault charges involve accident, self -defence, defence of property and consent. The lawyers at Slaferek Law will assist you in developing your defence and preparing a winning strategy. In cases involving injuries, causation may be an issue at trial. In addition, on the case of assaulting a police officer a possible issue may be whether the police officer was in the lawful execution of his and her duties at the time the altercation occurred.

PEACE BONDS

When an individual fears on reasonable grounds that another person will cause personal injury to him or her, they may apply to the Court for an order to keep that person away from them for a period up to one year. The peace bond provision provides a procedure which requires the person to keep the peace and be of good behaviour in the absence of a formal criminal prosecution. Being required to enter into a peace bond does not involve receiving a criminal record as a peace bond is not a formal criminal charge.

Many assault, threatening and criminal harassment charges can often be successfully resolved by an experienced criminal defence lawyer persuading the prosecutor to resolve the above criminal charge by way of a peace bond hence allowing the client to avoid criminal charge and consequently avoid a criminal record.

Call 780.809-1059×1 to learn more how we can help you. We have free consultations by phone or in person.

Sexual Offences

The charge of sexual assault arises when an allegation is made that an accused violated the sexual integrity of a complainant for a sexual purpose. The assault is characterized as touching with the intention to touch. The sexual purpose is defined by both the act and the surrounding circumstances. The presence or absence of sexual gratification is irrelevant.

INTENTION

On a sexual assault charge, the prosecutor must prove that the accused knew the complainant did not consent, or that the accused was reckless concerning obtaining consent, or was willfully blind about whether the complainant consented.

DEFENCES AND CONSIDERATIONS

Consent is often the primary consideration before the Court on a sexual assault charge. Consent is not established where the accused was willfully blind or reckless concerning whether consent was obtained.

Consent is a defence to a number of current criminal offences and many historic offences. In most cases, whether the complainant consented to the touching is a central question. The trier of fact, either Judge or Jury as the case may be. Are required to determine if the facts raise the defence of consent and if all elements of the offence have been proven beyond a reasonable doubt.

HE SAID/ SHE SAID AND CREDIBILITY

The credibility of the complainant and the accused are often of primary importance in sexual assault cases, particularly in he-said/she-said situations. The rule is that of the trier of fact believes the evidence of the accused, they must acquit the accused. If they do not believe the accused, but nevertheless have a reasonable doubt, they must acquit the accused. If the evidence, including the evidence of the complainant, raises a reasonable doubt, they must acquit the accused.

HISTORIC OFFENCES: RAPE

The offence of rape was removed from the Criminal Code and replaced with the current provisions that prohibit a sexual assault. An accused can still be charged with rape if the offence occurred while the earlier provisions were in effect. The Charter of Rights and Freedoms guarantees that a person convicted of a historic offence such as rape has the benefit of the lesser punishment in the event that the punishment has changed.

HISTORIC OFFENCES: INDECENT ASSAULT

An assault (touching without consent) which is indecent in nature constituted indecent assault before the section was removed from the Criminal Code. A person can still be charged with the offence if it occurred when the legislation was in effect. Many acts which were once classified as indecent assaults are now considered sexual assault. When considering whether an act was an indecent assault, the court considers whether the act itself was indecent in nature, or whether the surrounding circumstances indicate that the intention was indecent.

HISTORIC OFFENCES: GROSS INDECENCY

Gross indecency was defined as an act that constitutes a very marked departure from the conduct expected of an average Canadian in the circumstances of the offence. The offence was removed from the Criminal Code. Some acts which would have been considered gross indecency are no longer prohibited in Canada. Others are now classified as sexual assault.

Gross indecency charges may still be laid if the offence is alleged to have taken place when the provisions were in effect. As with rape and indecent assault, a person convicted of gross indecency is entitled to the benefit of the lesser punishment in the event that punishment has changed over time.

Call 780.809-1059×1 to learn more how we can help you. We have free consultations by phone or in person.