Certified Assault
Lawyers Edmonton
You are under the umbrella of offences of assault if you are facing charges resulting from assault, uttering offences, and other mischief resulting from minor domestic violence. All these cases trickle down on the extent of injury to the claimed victim, whether or not the acting party was provoked, or whether it was an act of self-defence.
In such circumstances, you need an experienced criminal defence lawyer that deals with offences of assault to take your case and seek every legal way to get you out of it. To benefit from the services of a prolific and experienced defence lawyer in Edmonton contact Mr. Royer today.
Defining Assault
A criminal assault is an action or use of words to harm or threaten an individual without their consent.
Who Bears The Burden
In Canada, the prosecutor bears the burden to prove the case beyond all reasonable doubt and it never shifts. The crown prosecutor must prove three elements to be captured by the Criminal Code’s definition. They are:
- The act was intentional and not an accident.
- Use of force or threat or attempt of use of force or threat was used against a person.
- The use of force or threat was against another person’s consent.
However, no one ever gives consent for the serious use of force or a threat. So, cases involving high-level injuries and assault are always criminal.
Types Of Assaults
There are a variety of use of force assaults including;
- Assault causing bodily harm
- Assault with the use of a weapon
- Aggravated assault
- Simple assault (assault that does not cause bodily harm)
The Defence Process In An Assault Case
This is a traditional type of offence where one expects an accuser and a defendant. There are, of course, factual issues and issues of credibility. All of these issues should be considered when applying the law. The law puts the burden on the prosecutor, and it never shifts. That burden is beyond all reasonable doubt. Therefore if an accused is in a position to testify the court will be left in reasonable doubt, unless the accused is disbelieved.
However, even if the accused is disbelieved the Court may still be left in reasonable doubt on the evidence of the accused that they believe. Finally, even if the accused is entirely disbelieved, and the Court accepts none of the accused person's evidence the Court may still be left in reasonable doubt on the evidence they accept.