Physical Assault Lawyer Winnipeg

If you have been charged with assault, you may face penalties ranging from fees to prison time. That’s why it is vital to ensure you have the support of a lawyer who has your best interest in mind. When it comes to your future, you don’t want to take chances or rely on someone who is in it just for the paycheck.

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There are many different types of assault charges in the province of Manitoba and Canada as a whole. Ranging from simple assault to aggravated assault, there are many intricacies when it comes to the Criminal Code of Canada. Your law team should be well-versed when it comes to assault charges, so they know the best way to defend you and lessen the penalties you may face.

Information on Winnipeg Physical Assault Charges

Typically, people believe that assault cases occur when there is a physical attack. But assault charges can also occur without any physical violence at all.

The Criminal Code

According to Section 265(1) of the Criminal Code of Canada, assault charges can be laid against a person for committing assault if they:

without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs

What this means is that the charges can be laid when someone threatens to hurt a person or shows a weapon or even something that looks like a weapon. There only has to be the intent to cause harm to prove assault in some cases. There doesn’t even have to be any evidence like a bruise or other injury.

Another important factor of physical assault cases is that the offence must have occurred without the consent of the victim. This aspect must be proved by the Crown prosecutor in charge of the case. These stipulations involve general assault, but there are many different forms of assault and some have stricter and more severe repercussions than others.

Simple Assault

This is the most common assault offence laid. It can range from incidents where there is just a shove to all-out bar brawls. In this case, for first-time offenders, you may get off with a fine or even just a warning from the Crown. On the other hand, it can lead to up to five years in prison.

Assault Causing Bodily Harm

This charge occurs when physical force was used and resulted in injury to a person. The bodily harm can be anything from scratches to broken bones. The penalties vary from 18 months incarceration to up to 10 years for an indictable offence.

Assault With a Weapon

In this case, the weapon can be a gun or a knife, but almost anything can be a weapon if a person threatens to use, or actually uses it, to cause bodily harm. This can include objects like pencils, bottles, and chains. Your punishment can vary between 18 months in some instances and up to 10 years in prison in more severe cases.

Aggravated Assault or Aggravated Sexual Assault

If there are permanent, life-changing injuries, or if death occurs, you face a more serious assault charge. This offence can lead to a maximum sentence of 14 years in jail.
Aggravated sexual assault occurs when the victim is injured while sexual assault occurs. In this instance, the victim can be wounded, disfigured, or left at risk of death. As an indictable offence, the penalty can range between five years to life in a federal prison.

Sexual Assault

Sexual assault can result in 10 years in prison, or if the victim is less than 16 years old, the penalty can be between 1 to 14 years in jail. It is a serious offence and takes many forms, this includes rape, groping, or sexual abuse. Sexual assault occurs when sexual contact is made with the victim without their consent. At times, it may be the result of a threat or violent act. This crime can be viewed independently in court from the assault.

Domestic Assault

Domestic assault typically depends on the severity of the incident and is not strictly outlined in the criminal code. However, it often results in more severe consequences. It occurs when someone assaults their partner or former partner in a domestic relationship. For more information, check out our page on domestic violence here.

Assaulting a Police Officer

In order to protect them from injury, the laws against assaulting police officers are strictly enforced. There are three types of assault on an officer, they include assault in the line of duty, resisting arrest, and preventing the execution of duty. If you are charged with any of these forms of assault, you need a strong defence. That’s why you should contact us at Brett Gladstone Corp. We put you first.

Next Steps

Your next step is to get a consultation with a lawyer. At Brett Gladstone Law, a physical assault lawyer Winnipeg will explore all defence options to ensure that you get the minimum punishments if you are convicted of physical assault. But before that, we analyze all the aspects of the incident leading to the assault charges.

Then, together we will take every step needed to get the charges thrown out and acquit you of the alleged crime. You will constantly be kept in the loop throughout the legal process. We’ll answer all your questions, address your concerns, and discuss with you all your options. We want to prevent as much disruption to your daily life as possible, so you can relax knowing you are being fairly represented.

Physical Assault Lawyer Winnipeg Services

Our primary goal is to see that the physical assault charges you face do not result in a conviction. First, we make sure that you have the resources you need as you go through the court process.

Being charged with assault can turn your world upside down and negatively impact your relationships, your career, and your well-being. We want you prepared and ready to face the many challenges that may be ahead of you.

How We Will Proceed With Your Case

With an assault case, there may be many different outcomes. We will prepare a defence for you that will be tailored to your individual situation.

There are several common defences that are often used in assault cases. Some of these include:

Self-Defence or The Defence of Others

If a person was defending themselves or defending another, this defence can be used against an assault charge since you have a right to defend yourself or another from harm. It becomes a situation of proving who threatened or physically assaulted who first. We will use our knowledge and skills to create a solid self-defence case for you.

Proof of Consent

If we can prove that the other person consented to the use of force then we can possibly clear you of the charges. For instance, if it was a bet or challenge, we have a reasonable defence against the physical assault charges.

Reasonable Doubt

Above all, there is the “reasonable doubt” defence. You could be acquitted if we can demonstrate that there is insufficient evidence, and create reasonable doubt as to your guilt. This will be one of our strategies to defend you, as it is with all criminal cases.

FAQs of WINNIPEG PHYSICAL ASSAULT LAWYER

How long does it take to clear assault charges?

It can take anywhere from a few months to years for a physical assault lawyer to prove your innocence in court.

What if I am charged with assaulting a peace officer?

Whether or not you are a first time offender, you are at risk of receiving the maximum sentence for assaulting a police officer or other peace officers. The penalties can include a sentence of 14 years of imprisonment in a federal facility.

Why should I choose Brett Gladstone Corp. to represent me?

If you are feeling confused and concerned, you should be. A physical assault charge can end up ruining many aspects of your life. We want to ensure that you don’t suffer needlessly and will advise you on how you can lessen the impact of the assault charges in your day-to-day life.

Our methodology keeps our clients at the forefront throughout the legal process, and as a result, our empathy for your situation keeps us motivated to do the best we can to get you acquitted. You are not alone and there is help for you with Brett Gladstone Corp.Call us at (phone number), email us at (email address), or fill out our request for a consultation form on our website.

Why Choose us?

At Brett Gladstone Law, we pride ourselves on providing exceptional legal representation to our clients. If you are facing DUI charges, we understand that this can be a stressful and overwhelming experience. That's why we offer a number of benefits that make us stand out from other criminal defence firms.

One of the main reasons to choose us is our team of experienced and knowledgeable attorneys. Our lawyers are well-versed in the laws and procedures related to DUI cases and have a track record of success in Winnipeg’s courtroom. We also have a reputation for being aggressive and relentless in our defence of our clients.

Another benefit of choosing us is our personalized approach. We understand that every case is unique and we take the time to get to know our clients and their specific needs. We work closely with you to develop a personalized legal strategy that best serves your interests.

In addition to our legal expertise, we also offer compassionate and understanding support throughout the legal process. We know that facing DUI charges can be emotionally and mentally draining, and we are here to provide the support you need during this difficult time.

You deserve top-notch legal representation and personalized support, so we encourage you to choose Brett Gladstone Law in Winnipeg. Contact us today to learn more about how we can help you achieve a more favourable outcome in court.

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