Helping Clients Charged with Assault, Homicide, or Domestic Violence

Violent crimes make up the majority of criminal law cases in Canada, and in fact, the world. These can include all manner of physical assault, domestic abuse, as well as homicide charges. Just as there are many different types and severities of this type of charge, there are also varied types of resolutions and sentences.

What charges fall under assault, homicide, and violence?

These headings span the range from minor all the way up to very serious offenses, and there can be a lot of grey area. Some of the offenses that fall within the category of violent crimes are:

- Altercations such as fist fights
- Road rage incidents
- Domestic abuse
- Threat of physical harm
- Aggravated assault
- Assault causing bodily harm
- Assault with consent
- Threat or use of a weapon
- Battery
- Hate crimes
- Kidnapping
- Manslaughter and murder

If you have been charged with a violent offense, it is important to seek legal counsel right away. In Canada, you always have the right to a lawyer when you are charged with a crime. The type of crime can greatly vary the process and outcomes available to you, and having legal representation that understands how to navigate and guide you through the system is essential to reaching an ideal outcome.

Will I go to jail if I am charged with a violent offense?

Depending on the severity, there are several things that could happen if you are charged with a violent offense.

Charged without arrest

Although less common, it is possible to be charged with a crime without being arrested in the case of a minor offense. In this case, you would be notified of the charge, a trial date, and an identification appointment to have fingerprints and photos taken at the police station.

Arrested and charged

Most charges involving any kind of violence result in an arrest, where you will be read your rights and undergo a body search. Then, you will be taken to the police station, at which point the charge and identification process will be done at the same time. You will then be either released until the trial date, or held on bail.

Held on bail

If the police decide not to release you, they are required to schedule you for a bail hearing, where a judge decides whether you meet the criteria and conditions to be released until trial, or whether that time will be spent in a detention centre. Lawyer representation can make a substantial difference in the success of your bail application, and a lawyer can help you request a review should you be denied bail.

Held in custody

You will be held in custody until your bail hearing, and if you are denied bail, then you will be held in custody until your trial. Release is the preferred option, however if there is a risk of flight, risk to the safety of self or others, or you are part of a high-profile case, the judge will likely opt to hold you in custody.

What happens if I am convicted of a violent offense?

Being convicted of a violent offense means that the case has gone to trial and a judge has ruled you guilty. At this point you will be sentenced. This sentence can include jail time, fines, restrictions around your location, or prohibitions around ownership of weapons. These may also include therapeutic or other alternative measures and requirements.

Can assault charges be dropped?

In a simple charge, such as assault without injury, you may be able to have charges dropped before trial through an Alternative Measures Program, or a peace bond. Should your case go to trial, your lawyer will assemble your defense to show the facts, events, and precedents that illustrate your case and perspective in a way that helps prove your point of view, which may result in charges being dropped.

A lawyer is essential to your success if you are charged with assault, homicide, or a violent crime.

The first step to your best resolution when you are charged with assault, homicide or another violent crime is to call Bitzer Criminal Law. You will receive the utmost respect and attention to your case, as well as access to a collaborative of the most experienced legal specialists in the Calgary and Alberta.

Contact Bitzer Criminal Law