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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3478
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My son was charged last night with assault causing bodily

Customer Question

hello my son was charged last night with assault causing bodily harm and uttering threat. This was an issue with an ex girlfriend who's friend came outside and hit my son, he fought back but was charged, he did in anger utter a threat against the man. this is his first offense ever with the police. what can we expect? we live in Newmarket ontario
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question Holly.

How old is your son?

Did he make a statement to the police?

What was the bodily harm?

Who actually started the fight, and who threw the first punch?

What was the threat?

Don't use any details that can identify you, please.

Customer: replied 1 year ago.
Hi my son is 20, he stated the guy he was fighting threw the first punch, he threated to shoot him with his gun, he has a licences. he was really angry and would never have done it, and said to the police he was sorry for it, so I guess he told them he did make the threat in anger only. they came and took his two licensed guns from the house. he actually called the police to charge the guy who hit him, but he was the only one charged.they say he hit them him with a tire iron but my son said he did not and did not think they guy was hurt
Customer: replied 1 year ago.
my son has an anxiety disorder, his ex girlfriend does as well, he went to the house to pickup up his belongings, his guns were not in his possession, I hold the only key to the lockbox, and always have.
Expert:  Ulysses101 replied 1 year ago.

I see. What is his first court date? Is there an appointment for fingerprinting/photographing?

Does he have a criminal record?

Customer: replied 1 year ago.
Dec 31 for fingerprinting Jan 8 for first appearance. And no contact with the police prior to this incident
Expert:  Ulysses101 replied 1 year ago.

And what was the "bodily harm"? Was anybody injured?

Customer: replied 1 year ago.
I am not sure of the other persons injuries
Expert:  Ulysses101 replied 1 year ago.

Well, an assault causing injury can be made out if a threat to use a weapon is made during the assault.

Your son has to attend that photograph/fingerprint date, if he misses it he'll get another criminal charge.

On his first court date, he should show up early and a parent should go with him. That always helps. He should see duty counsel, get an adjournment and his screening form and crown disclosure, and apply for Legal Aid.

If you want to get him a lawyer ahead of time, you may. But it's not necessary before the first court date.

The threats charge is also an element of the assault charge in this circumstance, I suspect. But you don't want your son to have a criminal record at all of course, so do not let him plead guilty on the first court date. Just get the adjournment, disclosure, screening form, Legal Aid application, and then look into getting a lawyer.

Even if convicted he's unlikely to get anything more serious than probation.

Anything else about this to discuss? Please reply.

Expert:  Ulysses101 replied 1 year ago.

Have you seen what I wrote, Holly?

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