(Calgary, P.C. - Assaulting a Police Officer). On June 10th, 2020 TY discovered charges were laid against her on March 6th, 2020 in relation to an incident with police in the family home on October 22nd, 2019. This was discovered after TY lodged a complaint with the City of Calgary Police Service (CPS) and after a video taken by a family member showed something not, in the opinion of this Calgary criminal lawyer, consistent with the accused committing any crime at all. TY went public to support the outcry for police reform following the death of George Floyd on May 25th, 2020. The accused was shocked to learn that charges had been laid months earlier without notice of any court appearance. A police spokesperson claimed that the reason for failed service of a summons was "COVID" -- a claim that arguably defies logic. The incident happened in October 2019 (4 months prior to charges being laid). Calgary was not shut down as a result of Covid until after March 13, but of course, police were considered an essential service. Police continued to collect full salaries during the lockdown. Most importantly, for the purpose of "serving" documents, COVID was a perfect opportunity to locate the person subject to service, for he or she would be expected to found in their home. It is also not insignificant that counsel for TY communicated with police in October and November 2019, offering to accept service of court documents by fax or scan and email. The point is, it appears TY was targeted by a questionably motivated criminal charge, later followed by dubious justifications by third-parties within the police department about failed process. On July 3rd, 2020 the Calgary Crown Prosecutor's Office took swift action, withdrawing the criminal allegations against TY -- her complaint against the officers remains outstanding. If you have been charged with assaulting a police officer or any crime of violence, contact experienced Calgary criminal lawyers for advice. To read about David Chow's perspective on police read "Police Reform: Peace, Respect and Trust".
assault LAWYER | CALGARY
DEFENDING assault CASES in calgary since 1999
FREE CONSULTATION: (403) 452-8018
calgary assault lawyer
In criminal law “assault” is any direct or indirect intentional and non-consensual physical touching of another person. The concepts of “direct” and “indirect” physical touching are important because to commit an assault a person need not actually (or directly) touch the complainant. An assaultive gesture may constitute an indirect assault. With this in mind, it is important to understand that a criminal assault does not require a degree of force.
There are a variety of types of assault. The most basic kind of assault is often called a “common assault”. This kind of assault usually attracts the lightest type of sentences. More serious kinds of assault are those that involve weapons and/or bodily injury. Accordingly, there are separate charges for “assault with a weapon”, “assault causing bodily harm” and “aggravated assault”. The elements to each of these aggravated versions speak for themselves. For example, assault with a weapon entails the use of a weapon. Assault causing bodily harm results in injury that is neither trivial nor transitory. Aggravated assault involves reasonable foreseeability that the assault will “wound”, “maim” or “disfigure”.
As the seriousness of the assault increases, the sanction or sentence attracted increases.
The importance of defending an assault charge is obvious. If convicted you will likely have a criminal record. Since assault is a crime of violence, there is some possibility that your ability to travel abroad may be restricted.
Defending an assault involves consideration of a myriad of defences: self defence, consent, identification, de minimus, mens rea and actus reus.
I understand all of the available defences. I have researched the law relating to all types of assaults and have experience cross-examining complainants regarding their role in the altercation. I routinely successfully defend assault allegations and regularly obtain favourable results without having to litigate the charge(s) at trial.
For a Calgary criminal lawyer who defends assault, uttering threats and all crimes of violence call 403.452.8018.
Recent Case Results
(Calgary, P.C. - Assault). The best way to describe ZB was as an honest, ordinary, hardworking person who had never up until one evening at a local drinking establishment, been in trouble with the law. Unfortunately for ZB, overconsumption of alcohol played a role in some poor decision making. ZB was accused of a minor assault. Fortunately, Canada's criminal justice system has space for impulsive, first time accused persons who may have engaged in rare behaviour. In this case, the Crown saw no reason to saddle ZB with the potential permanency of a criminal record and agreed to admission into the Alternative Measures Program (AMP). Though ZB may have had some defences at trial, the Alternative Measures Program offered a guaranteed second chance (as long as the program was completed). ZB took every reasonable step to complete AMP but ultimate completion was derailed as a result of COVID-19. The Prosecutor recognized ZB's efforts and withdrew the assault charge despite the fact some community service hours were outstanding. ZB concluded the criminal case without attracting a criminal record. If you are searching for a Calgary criminal lawyer to assist with your case, give David Chow a call -- he can help.
(Whitehorse, S.C.). DJJ was charged with aggravated assault and assault causing bodily harm arising out of an incident at an establishment in Whitehorse, Yukon. The injuries were serious. The case was scheduled for trial at the Supreme Court of Whitehorse. The primary legal issue in the case revolved around principles relating to the assessing the credibility of the accused and evaluating the whole of the case "beyond a reasonable doubt". In this case, the Crown also tried to argue that the accused had a motive to assault the complainant. The accused hired Calgary criminal lawyer, David Chow, to defend him at trial. The trial lasted four days. The trial was highlighted by the judge excluding the evidence of motive. In the end, the trial judge had serious issues with the credibility and reliability of the crown's primary witness and found the accused "not guilty" of all charges. David Chow is an Alberta criminal lawyer who appears in jurisdictions with the Province and outside of it. David has defended clients in Alberta, British Columbia, Saskatchewan and the Yukon Territory. He has also appeared at all levels of court, including the Provincial and Superior Courts of Alberta, Saskatchewan and British Columbia, the Territorial Court of Yukon, the Superior Court of Yukon, the Alberta Court of Appeal, Saskatchewan Court of Appeal and the Supreme Court of Canada. Looking for a Whitehorse criminal lawyer, consider giving David Chow a call. He offers a free telephone consultation.
(Cochrane, P.C.). ZZD was charged with a very historical sexual assault. In Canada, there is no limitation period for the Crown to prosecute an Indictable offence; meaning that a prosecution can be commenced years, even decades after the alleged incident. Not surprisingly, this kind of situation is extremely prejudicial to the accused, who as a result of the passage of time may no longer have access to witnesses, defence materials or even an accurate memory. Studies on the human brain confirm that a persons memory is really little more than a reconstruction of perception and experience that is susceptible to deterioration over time. It is even possible for the narrative of an event to become so tainted by interference of other memories and time that remembered event may have little or no correspondence to what actually transpired. Assessing credibility and reliability of evidence in our criminal justice system is arguably an antiquated and somewhat obtuse process that in the view of this Cochrane criminal lawyer in some cases may lend to wrongful conviction. With this in mind, there are simply too many risks to trial and as such, if a case can be resolved without trial, any accused should strongly consider the options. In this case ZZD resolved without any admission of guilt and the charges were withdrawn. If you are searching for a criminal lawyer in Alberta to help you assess your options, research Alberta criminal lawyers and consider calling Calgary criminal lawyer, David Chow, for a free telephone consultation.