Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for the post.
A misdemeanor assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.
Assault in Canada encompasses any intentional application of force to another person, including a gesture. If done in self defence the act is not an offence (as long as the degree of force used is not unreasonable).
If this is a first offense, often a conviction can be avoided with aggressive legal counsel.
If you are charged with a minor assault, you or your lawyer may wish to explore the possibility of a common law or s. 810 peace bond. A peace bond does not result in a criminal record of a finding of guilt or conviction unless you violate the conditions of that peace bond. The peace bond generally has conditions such as remaining law abiding for a defined period (usually one year) and it may also require attendance at an anger management class.
As previously mentioned, often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.
thanks but i also want to know like what i can do about the fact that i was never actually sent to a police station and that i was never advised that i was going to be charged, or even asked to press charges, as I didnt start the fight at all.. also the fact that ive been sent this letter which is 7 months after the incident occoured and that it is very veage. It simply states that i caused bodily harm but doesnt say what i did, now if i had actually caused bodily harm and it was serious wouldnt the officers have read me my rights and taking me to a police station? im just really confused about the whole situation and dont understand how i couldnt be charged with this offence when i didnt start the fight i was just trying to defend myself, and when your a small girl you really have no option but to giver hell when someone 2 times bigger then you is on top of you.... i dont know im just really concered, ive never dealt with something like this, i went to school for law myself, and i just dont understand how i could be charged and she just walks away like a victim when in truth she is at fault.
First, it is a common misconception that a person can press charges. Only a prosecutor can press charges and they may do so if they feel the evidence is sufficient to support probable cause for the charge. They may do so with or without your statement and with or without you being taken to the police station or informed you would be charged.
You would be wise to make no statements. Statements are likely only used to create additional evidence to support the charge. Your attorney can use the lack of information as a basis for a defense.
As part of the case, you or your lawyer would be provided with discovery. that includes any evidence or statements taken in the matter. That evidence would more fully describe what is being alleged and the injury that is claimed.
You do not have to be read your rights unless you are taken into custody and questioned. That is also a common misconception.
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