Brampton Assault Lawyers & Sexual Assault Lawyer in Brampton Free Legal Advice
Arrested for Sexual Assault, Aggravated Assault or Any Assault Allegation in Brampton Court House?
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Learn how Defend against Assault allegations in Brampton Court House and Avoid Jail Time & Criminal Record
Brampton Assault Lawyers
Brampton assault lawyer Michael McKee from Richmond Hill Affordable Criminal Lawyer Plug will assist you if you are facing any criminal charges. Including:
- Sexual Assault
- Domestic Assault
- Aggravated Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Assault a Police Officer
At 7755 Hurontario Street, Brampton Ontario L6W 4T1 the Brampton Courthouse is located. It is there where it is heard all criminal offenses in the Peel Region that includes Brampton, Malton, Caledon, and Mississauga.
If you are charged with a crime you must have by your side a Brampton assault lawyer to have the best possible result. The criminal defense attorneys at Lawyer Plug have the experienced and knowledge to work with you to get the top strategy in all the criminal process including police interrogations, bail hearings, and court appearances.
Let’s explain more about the different types of crimes you can be charged with.
In section 265 in Canada’s Criminal Code, you can find the exact meaning of assault. What assault means is when a person applies deliberately direct or indirect strength to another person without the other person’s permission.
It can also happen if a person attempts or threatens to purposely apply direct or indirect strength to another. If a person is carrying a real or imitation weapon while aggressively approach to someone it can also be charged with an assault crime.
There are different types of assault offenses:
Assault or “simple assault” is when a person applies force without any type of weapon just with hands, legs or feet.
Even though it is the most simple type of assault you can be charged with, it is necessary to contact a Brampton Assault Lawyer to avoid any harsh penalties including spending time in jail.
Assault With a Weapon
In this type of assault, the force is applied by using any type of weapons such as stick, bat, knife or even a dog that it is ordered to bite and attack a person.
In this type of crime, the penalties are harder and you need to have by your side a good Brampton Assault with a weapon lawyer who could help you during all the criminal process.
Assault Causing Bodily Harm
When you are charged with an assault causing bodily harm it means that the victim’s health or comfort is compromised because it was hurt or injured during the attack.
If you are charged with this crime you need to contact a Brampton assault causing bodily harm lawyer to receive the best advice prior to you make any decision.
Aggravated assault is the most serious type of assault. Here you can be punished with a minimum of 4 years in prison. It means the victim has substantial wounds that could result in lifelong injuries or even death.
If you are accused of this type of crime you need to contact immediately a Brampton aggravated assault lawyer. You could spend several years in jail depending on the injuries caused to the victim.
Consequences When You Are Charged With Assault
The type of sanction imposed will depend on the type of harm caused to the victim. For example, with simple assault charges, you may only pay a fine to compensate the complainant but with aggravated assault, you are looking for at least 4 years behind bars.
The difference between simple assault, assault causing bodily harm, assault with a weapon, and aggravated assault is all about the injuries and force apply to the victim.
There are many repercussions when you are found guilty of an assault offense. If the Crown can prove without any reasonable doubt that you are guilty, you will have a criminal record, you may have to pay a fine or you can be sentenced to spend some time in prison.
The Crown can prosecute the crime in two ways by summary conviction or indictment. If the Crown prosecutes your case by summary conviction the maximum penalty is 18 months in jail and by indictment, we are talking about up to 10 years in prison.
If you find guilty with aggravated assault the Crown will only prosecute you by indictment with minimum prison time of 4 years and a maximum of 14 years.
Of course, if the victim’s injuries are severe, the penalty is severe.
Also if you have a good Brampton assault attorney the court may dictate a lesser sentence including probation with counseling or just a fine without spending time in prison. It is also possible to be found guilty of a less serious assault crime and receive no criminal record.
But there are other consequences as well when you are found guilty of simple assault, assault causing bodily harm, assault with a weapon or aggravated assault such as:
- Difficulty to find or secure a job
- Traveling inside and outside Canada
- Becoming a Canadian citizen if you are not
- If the assault crime is serious you can also be deported if you are not a Canadian citizen
You have to keep in mind that Richmond Hill Affordable Criminal Lawyer Plug is your best chance to avoid jail time. Call them 24/7 because their criminal defense attorneys are available to meet with you in any Ontario courthouse. You can fight this type of allegation all you need is an experienced criminal defense lawyer by your side.
How to Defend Yourself
When you have an experienced Brampton Assault Lawyer like Michael McKee, from Lawyer Plug, you have several valid defenses you can use. Keep in mind that every case is distinct, so knowing what to do will depend on the circumstances of the attack. Here are some defenses your criminal defense attorney can use if you are charged with assault.
If you defend yourself from an attack you need to prove that you or another person were in danger and that you act accordingly. To claim self-defense you need to determine certain factors, including:
- That there was a force or threat against you
- Your involvement in the incident
- Was anyone using a weapon or making threats
- Who was the other person involved in the attack? Including age, size, gender and physical conditions.
- If there was any type of relationship between you and the other person involved.
- If there were similar circumstances This means if, the strength and conditions used in the incident were similar. For example, you cannot shoot someone who has no weapon or is trying to punch you.
The best way to know if you can justify the use of force to protect yourself, another person or your property is by telling your Assault Lawyer Brampton what happened as well as you can remember it.
Self-defense laws in Canada had changed recently so don’t tell anything to the police or in court before talking to an experienced criminal defense lawyer.
As I mentioned before, to be charged with assault you need to apply force without the consent or permission of the other person. If the Crown Prosecutor is not able to prove without any doubt that the use of force has not consented the case could be dismissed.
This defense is valid only when the other person was not bodily harm. For example, it is not likely, that someone will permit to be stabbed. So this defense is not for assault with a weapon, assault causing bodily harm or aggravated assault.
Understand that the consent may be admitted or implicit. To know if the consent is implicit you need to know the circumstances around the incident.
Your criminal defense attorney can also claim that you believed the victim consent the application of force. This is called Mistaken Belief in Consent and it can be used to defend your case in a court of law.
For Canadian law, an accident is something that happened outside of the normal course of things. You and your Brampton assault lawyer should demonstrate in court that there was no intention to provoke any harm and that the action was unexpected.
An accident could only be used for defense when the consequences cannot be foreseeable.
It is in your best interest to remain silent until you have an experienced criminal defense attorney, such as Michael McKee, by your side. You don’t want to say anything that could comprise the case and help the police.
As you can see, defending yourself against an assault charge is not easy because it involves many aspects.No individuals know and understand the full consequences of every assault charge and every defense you can use without an experienced criminal defense lawyer Brampton. So as soon as you know you are investigated by the police or charged with a crime, the best thing you can do is call Richmond Hill Affordable Criminal Lawyer Plug; one of their criminal defense attorneys will help you.
Remember Lawyer Plug is located at Richmond Hill but they have cases in all Ontario courthouses and are available 24/7. They also provide a free consultation to give you the best legal advice on how to proceed.