Assault Charges - Assault Lawyer in Montreal
Expert Legal Representation for Assault and Related Offences
Facing Assault Charges?
Robert Martin Can Help.
Assault charges carry significant legal and personal consequences that can profoundly impact your life. Robert Martin specializes in navigating the complexities of assault cases, providing expert legal representation to protect your rights and secure your future. Whether you are facing minor allegations or serious charges, he is dedicated to offering the support and defence you need.
Do not face assault charges alone. Contact Robert Martin today at (514) 892-7337 for a free consultation.
Expertise in Assault Cases
Assault Defence
Legal defence for individuals accused of various types of assault, including simple assault, assault with a weapon or causing bodily harm, and aggravated assault.
Domestic Assault
Representation for those charged with assault involving family or household members, with a focus on protecting your rights and future.
Related Offences
Defence for various associated offences, such as threats and harassment, ensuring your rights are protected.
Process Overview
Initial Consultation
Discuss your case and explore legal options during a free consultation, understanding the specifics of the charges against you.
Case Evaluation and Strategy Development
Thoroughly evaluate your case and develop a tailored legal strategy, focusing on gathering evidence and identifying weaknesses in the prosecution's case.
Legal Representation and Advocacy
Provide expert representation and steadfast advocacy throughout your legal proceedings, from court appearances to pre-trial motions to negotiations.
Follow-up and Support
Offer continued support and follow-up after your case is resolved, ensuring your understanding of the outcomes and any necessary next steps.
Understanding Assault Charges
Definition of Assault
Assault involves intentionally using force against another person without their consent or attempting or threatening to do so. It also includes situations where someone confronts another person while openly carrying a weapon or imitation weapon.
Legislation
Criminal Code of Canada, Section 265 et seq.
Types of Assault Charges
Simple Assault (Common Assault)
Simple assault, also known as common assault, is the least severe form of assault. It involves intentionally applying force to another person without their consent, typically resulting in minor harm or no physical injury.
Assault with a Weapon
Using any object as a weapon during an assault, from a fork to a gun, can lead to charges of assault with a weapon. This includes actions such as throwing a glass or using any item in a manner intended to harm or intimidate someone.
Assault Causing Bodily Harm
Assault causing bodily harm occurs when injuries result from your actions. These injuries can range from minor scratches to severe injuries such as broken bones. Bodily harm involves any injury that affects a person’s health or comfort and is more than minor or temporary.
Aggravated Assault
Aggravated assault involves causing severe injury, such as wounding, maiming, disfigurement, or endangering someone’s life. This is the most serious form of assault, distinguished by the severity of the injury inflicted.
Contact Robert Martin Today for a Free Consultation
Do not face assault charges alone. Contact Robert Martin for a free consultation, and let him help you achieve the best possible outcome for your case.
Phone: (514) 892-7337
Email: robert@rmlegal.ca
Penalties for Assault Charges
Overview of Potential Penalties
Penalties for assault charges can vary significantly depending on the specifics of the case. Possible penalties include fines, probation, community service and imprisonment.
Simple Assault: Can result in up to five years in prison if prosecuted as an indictable offence, or lesser penalties if treated as a summary conviction.
Assault with a Weapon or Causing Bodily Harm: Carries a maximum penalty of 10 years imprisonment if prosecuted as an indictable offence.
Aggravated Assault: The most severe, with penalties of up to 14 years in prison.
Summary vs. Indictable Offences
Summary Offences: Considered less severe, these charges are typically for minor incidents and carry lighter penalties, such as shorter jail terms (up to 6-18 months), fines, or probation.
Indictable Offences: More serious offences, including assault with a weapon or causing bodily harm or aggravated assault, carry harsher penalties. These can lead to longer imprisonment terms, with up to 10 years for assault with a weapon or causing bodily harm and up to 14 years for aggravated assault.
Factors Influencing Penalties for Assault
Nature of the Assault: The severity of the assault and the harm caused to the victim.
Criminal History: Repeat offenders may face harsher sentences.
Circumstances of the Assault: The use of a weapon, the relationship between the parties, and other aggravating circumstances can impact sentencing.
Defending Assault Charges
Defence Process
Navigating assault charges requires a comprehensive and strategic approach, including a thorough investigation of the circumstances, challenging the accuracy of evidence, and developing a tailored defence strategy. Legal representation ensures that your rights are protected throughout the process, from the initial consultation through courtroom advocacy and negotiations.
Investigation and Evidence Gathering
A thorough investigation will examine the circumstances of your case, gathering all relevant evidence to build a robust defence.
Strategy Development and Case Preparation
Tailored defence strategies, addressing the unique aspects of your case and then meticulously preparing for court proceedings to ensure the best representation.
Representation in Court and Plea Negotiations
Representation in court and advocating vigorously on your behalf. Engaging in plea negotiations will occur where appropriate, seeking to reduce charges or penalties.
Frequently Asked Questions
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Assault charges can range from simple assault to assault with a weapon, assault causing bodily harm, aggravated assault, and domestic assault, each varying in severity and associated penalties.
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Depending on the circumstances and the court's judgment, penalties for simple assault can include imprisonment for up to five years, fines, probation, and community service.
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Aggravated assault involves severe injury or disfigurement to the victim, often with the use of a weapon. It can result in imprisonment for up to 14 years, along with possible fines and other penalties.
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Yes, you can be charged with assault if there was an attempt or threat of force, even without physical contact, as long as the victim reasonably believed they were in danger.
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A criminal defence lawyer can assist by investigating the case, gathering evidence, developing a robust defence strategy, negotiating with prosecutors, and representing you in court to seek the best possible outcome.
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If you are falsely accused of assault, it is important to remain calm, avoid confrontation, document any evidence supporting your innocence, and seek legal representation immediately to protect your rights and build a strong defence.
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Assault charges can be dropped if insufficient evidence or procedural errors occur during the investigation or arrest or through successful negotiation by your defence lawyer.
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A criminal record for assault can affect future employment opportunities, travel, and personal relationships. It is essential to seek legal advice to avoid a conviction or mitigate its impact.
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The penalties for assault can range from imprisonment for up to five years for simple assault to up to 14 years for aggravated assault. Additional potential penalties can include fines, community service, and probation.
Legal Disclaimer
The information provided on this website is for general informational purposes only and does not constitute legal advice. Please consult with Robert Martin for personalized legal counsel regarding your specific situation.
Free Consultation
To get your free consultation, please call or email, or send a message using the contact form.
Phone
(514) 892-7337
Email
robert@rmlegal.ca