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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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Dear Expert/ I am contacting you because I am in unbelievable

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Dear Expert/
I am contacting you because I am in unbelievable stress about my up coming court date. note that I am meeting with a professional in m area in the next few days to talk but I am completely alone dealing with this and I am very scared for whats going to happen to me. My name is***** am a 22 year old who lives in Timmins. On August 30,2015 I was hanging out with my best friend Arielle, 23. We got into an argument in the drive thu of tim hortons. This argument was over nothing ! it was completely stupid but I told her to leave my car because she was yelling at me. I was stuck in the drive thru and ended up paying for her 4 drinks. I felt bad for kicking her out of my car and I wanted to talk to her and apologize. note Arielle and I have been friends for over 10 years. nothing like this has ever ever happened between us. SO when I left the drive thru I seen her walking wanting to talk to her and apologize I went to park my car ,grabbed the drinks and walked up to her.. she was with her boyfriend her boyfriend told her to give me shots "beat me up" she then pushed the drinks into my face . grabbed my hair then said "want me to pull out your extensions lil bitch" at this point I was bent over because she was ripping out my hair she began to start kicking me in the stomach with her knee. I then stood up and by doing so I elbowed her in the eye. I was finally free from her hair pull grasp I then pushed her away from me and ran to my car. she then ran after me and started kicking my car... I honked the horn and drove away! I realized I should of called the cops right away but I didn't have my cellphone on me. Arielle called the police and later went to emerge for her eye. she had a blowout fracture. and ended up getting surgery to fix it. the police officer is charging me with aggravated assault. I did not mean to hurt her and I did not approach her with the intentions of hurting her .I really don't know what's going to happen this could ruin my life. This is a very serious charge and I don't know what to do, I have never got into a physical fight in my life before it breaks my heart that my best friend went threw that but at the same time I did what I had to do to get her away from me. the same thing could of happend to me in that fight if I didn't stand up and accidently git her with my elbow .I weigh 105 pounds soaking wet. we are both very small figure girls. I did not mean to do that . what do I do :'( someone please help
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
Hi
I am sorry to hear all of this.
Aggravated assault is not going to fly on your facts. That is just under attempted murder so someone is messing up.
An accident is a complete defence also.
Try not to worry :)
When and where is your first court date?
Tom
Customer: replied 2 years ago.
My court date is On July 21st . next month in the Ontario court of justice courtroom 101 mall .. I really hope your right :( thank you for your response.. maybe ill be able to actually sleep tonight I don't feel im being served fairly either & this could ruin my life . im only 22 and Im working really hard on my school so I can get a good job. but this will ruin my chances of any job that does a criminal record check :(
Expert:  Tom B. replied 2 years ago.
First thing to know is that just because police charge it does not mean the Crown lawyers will continue or with what charges. Now, police are preparing a report to Crown. Ultimately, Crown lawyers will decide what the evidence states.
On your first court date, no one expects you to do anything but ask for an adjournment. This is not a trial but only a first appearance to get an indication of what might happen in the future. There should be a free Duty counsel lawyer there to assist getting through the first day. It is a breeze so do not worry.
All you want is an envelope known as the Particulars. In that envelope contains what you are really charged with and all evidence the police have. You have a right to see everything.
Ask the duty counsel whether you may be able to get legal aid. The initial charge is serious so you may be able to. Legal Aid only covers serious charges where people are facing jail and cannot afford to pay for a lawyer.
But you need a month to look at the particulars and decide what you want to do. If a month is not good enough when you return to court, ask for another month adjournment. Ultimately however, they will want a plea. On your facts, the plea will be NOT GUILTY.
When that plea is placed, there will be a court date for a trial set. That will be months away. By that time, I hope you have some legal assistance who can reason with the Crown lawyers. Unfortunately, nothing can be advised until you get that envelope. There is nothing you can do until you see the Particulars and review with a lawyer if only Duty Counsel.
Again, an accident is a complete defence to any assault. The Crown lawyers know that.
But, aggravated assault implies a life threatening injury where the victim faced death. A lesser charge is assault causing bodily harm which means that an assault caused an injury requiring significant medical attention. Below that is simple assault which could have resulted in a bruise or some scratch.
Especially if your friend thinks it was an accident, this charge is going no where. But, you probably cannot contact her to discuss. If you are under a no contact order, do not even try and just wait to see what is in that all important envelope.
I am sorry you are under stress but you have to be patient. This could go away at the level of Crown looking at the evidence or it could take months.
But, on your facts, you are over charged and I would expect that the Crown will see that.
Ultimately, I would expect the charges to be dropped or reduced. If the Crown can prove you intended to assault, I would argue for a discharge whereby you would not get a criminal record. Again, to even get there, the Crown must prove an intention to cause an assault. A mistake is just that.
The Crown must prove BEYOND a REASONABLE DOUBT, that you intended to inflict harm.
Though you are afraid, I predict this going nowhere on your facts but it may take time. Try and sleep well knowing that the system can figure things out but it is slow. Worry not about your first court appearance. You are not expected to do anything and there will be no one else there except for a lot of other people accused of things. Get an adjournment, talk to Duty Counsel, read the Particulars. Who knows, maybe the Crown will even refuse to proceed.
Take care of your energy. Keep positive.
Sincerely,
Tom
Expert:  Tom B. replied 2 years ago.
Are you better now?
If you need more, I am here. But please consider accepting my last answer. :)
Tom

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