What You Need to Understand if Charged with Assault
Most people have an inaccurate or incomplete understanding of what it means to be “charged with assault”. Most believe that such a charge would require physical evidence, but as far as the government is concerned that is not the only way a person can be assaulted.
The simplest offenses that have to do with assault will only merit a fine, but the gravest ones can sentence a criminal to up to 99 years behind bars. Moreover, assault charges can be based purely on even an oral threat.
Whichever the case may be, assault charges must be taken seriously – you need to know what your rights are whether you are being the one charged or doing the charging.
Types of Assault Charges
- Simple assault – Injuries resulting from the assault are minor and no weapon was used to commit it
- Verbal assault – Oral and non-physical in nature, resulting into psychological, mental, and/or emotional injury
- Sexual assault – Sodomy, molestation, rape, or any other kind of sexual act or offense is committed without the victim’s consent
- Aggravated assault – Use of force against another individual as well as use of weapon
- Physical assault – Typically committed prior to an attempt on murder, resulting into “grievous” physical harm
- Felonious assault – The most serious of all assault charges, this often but not always includes use of weapon, results into serious bodily harm, and exercising force against another person’s will
Here’s what to do if your charged with a crime
What happens if the assault charges prove true?
If a person charged with assault is found guilty, the consequences of his actions will depend on various factors.
- Age, current overall condition, and background of the defendant
- Criminal background of the defendant
- Circumstances surrounding the incident in which assault had been committed
- Damage or harm that resulted from the assault
- The amount of force exercised against the plaintiff
- Weapons used – if any
- Premeditation on the defendant’s part and the defenses he or she presented in court
State laws vary when it comes to assault charges as well. As such, they are sure to have an impact on the final judgment. Here are a few examples of what a person found guilty of assault charges may face.
- Required to perform community service
- Required to attend anger management classes or something similar
- Payment of fines and penalties
- Revocation of permit to own or carry weapons
Do you need an attorney?
Whichever side of the law you find yourself in, hiring a lawyer is a must when assault charges are involved.
As a victim, a lawyer will go a long way in helping you claim justice. As a defendant, a lawyer can ensure that you are not unfairly accused and tried.
Either way, lawyers will also help you seek witnesses and experts to support your case.
They will also ensure that all evidence and corroborating statements are properly noted and submitted to court. They will also provide you with the necessary training and support so that you may conduct yourself effectively when you are being questioned under oath.
An Insight on Canadian Impaired Driving Laws
Even moderate drinking, which is defined as drinking more than two drinks in a day for men and more than one drink in a day for women, can affect driving performance. This level of consumption usually leads to a blood alcohol concentration (BAC) of 0.03 percent for both men and women.
Even at low BAC, alcohol affects the driving performance, reducing the reaction time of the driver and making the decision-making process slower. The ability of a driver to divide his attention between two or more visual stimuli can be reduced even with BAC’s of 0.02 percent or less.
This article explores Canada’s regulatory approaches aimed at reducing alcohol-impaired driving in Canada, including laws lowering the legal limit of BAC’s for drivers and the penalties for impaired driving.
The following is an overview of the federal laws related to driving under the influence (DUI) offenses and penalties.
Criminal Code of Canada Includes Six Impaired Driving Offenses:
- The operation or having care or control of a motor vehicle, while the ability to do so is impaired by alcohol or a drug. It is an offense to operate or have care or control of a motor vehicle, if the ability to drive is impaired by alcohol and / or drugs. If a person’s ability to drive is impaired, the amount of alcohol a person has consumed is irrelevant. Therefore, a person can be sentenced to impaired driving, although his/her alcohol level is below the legal limit of 0.08%.
- The operation or having care or control of a motor vehicle, while a BAC is over 0.08%. This offence is solely based on the individual’s BAC. Even if the driver is sober and his driving seems to be safe, it is an offense to operate or have care and control of a motor vehicle if BAC is above 0.08%.
- Driving with a BAC over 0.08% and causing injury or death. These two offenses were adopted in 1985 to ensure that drivers who cause death and injuries due to serious deficiencies in their driving suffer with serious implications. It is an offense to cause an injury or fatality, while BAC of the driver is greater than 0.08%. These offenses do not require proof that the accident was caused due to high BAC or impairment. Rather, the prosecutor should just prove that the defendant was over 0.08% BAC, and that he has caused an accident with death or bodily harm. The driver cannot escape liability, even if the accident was caused by something else, such as lapse of attention, poor road conditions or other factors.
- Failure in providing a sample or taking part in standard field sobriety tests (SFST) and Drug Recognition Evaluation (DRE) test without a valid reason. It is an offense for a driver to refuse or not comply with the request of a police officer for a sample of breath, blood, urine or saliva, unless the driver has a “reasonable excuse”.
- Failure to provide a sample or to take part in SFST or DRE test and cause injury or death. In the past, by refusing to provide a sample, the defendant was able to prevent more serious consequences. The law was amended in 2008, which makes it a crime for drivers if they fail to provide a sample or do not take part in SFST and DRE, if they knew or should have known that someone is killed or injured in an accident. These offenses carry the penalty which is same as the penalty for impaired driving causing injury or death. This eliminates the previous benefits of denial.
- Driving while prohibited by federal law or while having a suspended license. In 1985, Parliament created a separate criminal offense of driving while prohibited by federal law. This change was introduced to help combat the problem of offenders who continue to drive even if their licenses are suspended or when they are forbidden to do so.
Provincial Impaired Driving Laws
In addition to the application and prosecution of federal offenses under the Criminal Code, territories and provinces also have the constitutional authority on the highways and the licensing of drivers under their jurisdiction. This means that provinces and territories may legislate laws related to DUI.
The following is an overview of key territorial/provincial impaired driving laws.
Short-Term Administrative License Suspension Program
Contrary to the misconception that most of the accidents are caused by drivers who are well over the legal limit, about 20% of accidents are caused by drivers with BACs below legal limit of 0.08%.
Recognizing that the risk of accidents related to impairment begins even below 0.08% BAC, all provinces except the Quebec have established administrative license suspension (ALS) programs to intervene with the drivers who have BAC’s of 0.05% or higher.
The important elements of these programs include the immediate suspension of license and fines / fee recovery.
Graduate Licensing Programs
Graduate licensing programs are a key element of any policy aimed at reducing the risk of accidents among young people. Graduate licensing programs are designed to provide the novice and young drivers the chance to gain driving experience. These programs usually have certain requirements which include 0.00% BAC, limits on the number of passengers and night time driving restrictions. Duration of the program depends on the province or territory, but generally ranges from 1.5 to 3 years.
.00 BAC Restrictions on Novice and Young Drivers
Alcohol is a factor in nearly 45% of all deaths among young people aged 16 to 25. Although this age group accounted for only 13.2% of the population of Canada in 2006, they accounted for 33.4% of total deaths related to alcohol.
Almost all territories and provinces have a restriction of 0.00% BAC for novice and young drivers as a part of their Graduate licensing program. A major limitation in most of these programs, however, is that the .00% BAC restriction is withdrawn when full program of licensing is completed.
Ignition Interlock Programs
Ignition interlocks have proved to be an effective tool in stopping impaired driving.
Using the same technology as used by the police in breathalyzers, ignition locking device prevents a car from starting or continuing in operation if the alcohol level in the breath is more than a set limit.
The technology provides offenders who have lost their licenses an opportunity to regain driving privileges while ensuring that they can’t operate a vehicle in case they are in an impaired condition.
Despite their effectiveness, interlock usage is somewhat limited in the country. All territories and provinces except Yukon have ignition locking programs for offenders. But, all such programs are voluntary. Rate of participation in volunteer programs is only 10%.
Vehicle Forfeiture and Impoundment
Many suspended and banned drivers continue to drive, at least from time to time during the period of suspension or revocation of the license. Studies show that these are the drivers that are more likely to be involved in a crash than drivers who are authorized. Suspension of license alone is not sufficient to prevent offenders from driving while impaired. Therefore, vehicle-based sanctions are necessary to deter and prevent some disqualified and unlicensed offenders from driving while being impaired.
Without a good lawyer and a solid case, it is nearly impossible to achieve the desired outcome. You want to ensure you have the best chance of winning; therefore, you need to start preparing right now. Keep reading to gain more legal knowledge about personal injury issues and how you can get ready for litigation.
Just because you have an attorney working on your personal injury case, this will not guarantee you a settlement right away. The process can be lengthy, and patience is required. The truth is that your matter may drag on for multiple years. Remember this, and you won’t get upset or frustrated with delays.
Tip: Never forget to include any lost income or wages into your personal injury lawsuit. If you had to take a job at a reduced rate of pay or had to pay for special transportation due to your injury, be sure to keep track of your losses and expenses.
There are several factors you should consider before filing a lawsuit for your personal injury. The severity and type of the injury are the main factors in determining the amount of a settlement. Also, think about how much you may need to spend on doctor’s bills, lost wages and other related expenses.
Refrain from talking so much about your injury. Only say what is necessary. If medical help is there, only tell them the essentials, such as what is hurt and simple specifics on how it occurred. So mention the specifics and answer questions. If you say too much, it may be used against your case later on.
Tip: It is important to be honest about your injuries with your doctor. Exaggerating your injuries could lead to unnecessary treatments or therapy that may actually be harmful.
Keep hold of everything that is related to the injury. Any receipts you have that relate to your injury should be kept in a safe place. You need for there to be sufficient documentation to have your expenses reimbursed.
Any time you find yourself injured, you may also find that it’s rather difficult to find the right lawyer. Find someone who has a lot of experience and many wins under his belt. This practice area requires true expertise, so it is important to hire someone with a lengthy background.
Tip: Don’t hesitate to find legal recourse following an injury. There may be a deadline, and you can’t sue past a certain date.
If you get into a car wreck, get the other party’s information as soon as it happens. You may not initially suspect an injury, but something may emerge later on. If you happen to have a stroke later because you got a head injury, you can figure out who to sue later.
Make sure you have an open schedule for this court drama to unfold. While some cases are urgently handled, many go on for a long time and that isn’t something you can necessarily control. Ask your attorney if you can help help to speed the process up.
Tip: Request your lawyer’s past case history. Be sure you’re aware of how many times they’ve dealt with cases similar to yours and if they have won them.
At times, you can figure out why you feel certain types of pain. If you were more physically active then, you will feel it on the following day. No need to get excited, unless it is sharp and intense pain, or if it lingers after a few days.
Incorporate testimony from anyone who witnessed your injury or aided in your treatment and eventual recovery. You will seem more credible if you have witnesses. Witnesses who know what your injuries are and can tell how it affects your life may also sway the outcome.
Tip: Schedule appointments with each prospective lawyer to meet them in person. This will allow you to get the best feel for each lawyer and help you decide which one will be the best fit for you and your case.
Do not commit to a settlement until you are done with medical treatment. You may want the money now, but hold on. You want to do this because you may need more medical attention than was initially thought, and if you settle, you will need to pay out of your own pocket from that point on.
If you need to hire an attorney, you should get a retainer agreement. This informs you ahead of time how much your legal fees will be so you will not be surprised later. Get a payment schedule in writing.
Tip: Back pain is a common ailment for people all over the world. If the pain was caused by no fault of your own it can be frustrating.
Don’t choose your attorney in haste. While you may be tempted to hire the first attorney you come across, it is important to do adequate research. Your legal professional can make or break the case, so choose one with the right kind of expertise and knowledge, as well as a proven record of success.
It is time to make sure you’re ready to make your personal injury case. You should now be more familiar about dealing with personal injury cases. Be sure you keep in mind all the excellent knowledge provided here. Finding the right lawyer and continuing to expand your knowledge is essential as you continue to fight your battle.
Many people aren’t sure where to start looking for a good lawyer. Hiring the wrong attorney can make your legal issues even more frustrating. In this article, we will discuss the qualities you should seek in the best lawyers.
You always need to be researching a lawyer’s history prior to hiring them. Having a practice does not make them a good lawyer. Be aware of their record so you can be sure they will do a good job.
You have to be able to easily get in contact with your lawyer. A common complaint among people is that their lawyer is hard to reach.
If someone accuses you of committing a serious crime, you should hire an attorney as soon as possible. Be sure that you’re not trying to take on the case yourself, because you could end up being convicted of a crime. Lawyers are experienced professionals trained to deal with these situations.
Never go with the first lawyer you see in the phone book when you need one. This is one choice you need to get right. You might select a random lawyer and later discover that he or she had lost her license! It is always better to be safe than sorry.
Get recommendations from businesses for a good business lawyer. You may get great recommendations as to what lawyer to choose. For example, if you are thinking about small [...] Continue Reading…
No one likes getting hurt; however, if it happens, you need to be aware of when you have a valid personal injury case. If someone is responsible for an injury that you have sustained, you may have a good case for litigation. Read this article for some advice.
Include lost income information in your notes. Include the time you have missed from work because of your injury, a drop in pay, and lack of transportation. If you missed out on educational opportunities, include the cost of those classes.
Be careful when dealing with insurance companies. Be careful when you deal with the inevitable insurance company while managing your claim. These companies will want to end the dispute as quick as possible. You might wish to speak with a lawyer prior to accepting anything an insurance company wants to give you.
Be sure to ask your lawyer any question you can think of at your first meeting. This include questions on what to expect, how much time it will take, what may be a surprise, and anything else. You may become more comfortable once you start asking questions.
Asking your friends and family for personal injury lawyer recommendations can land you a great attorney. These actions can help you get a better lawyer who will handle your case with care.
If you’re handling your case yourself, you must locate every policy that the [...] Continue Reading…
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Going to court is a nerve-wracking experience at best. Select the right lawyer and rest easily. Keep reading to get some useful advice on how to get the best assistance in and out of court.
Check to make sure your lawyer is available to answer your calls or emails. Not being able to reach their lawyer is a very common complaint that people have. Make sure you have a lawyer that is easy to reach before you get in depth working with them.
Never select the first lawyer you come across. But you should seek out a lawyer carefully.
You should not choose the first affordable lawyer you find in the local yellow pages. You must put in the research in order to get the best choice. Make sure to thoroughly research your options before choosing a lawyer. It is always better to be safe than sorry.
Lawyers are advocates for their clients. A lawyer may not say what you want to hear; however, they work for you and want a positive outcome to your case. Anytime you feel uncomfortable with things your lawyer is telling you, let them know. This way, your lawyer will know exactly what you desire.
Keep track of all of the interactions you and your attorney have. Take note of the day, time, fees paid and anything else that was discussed. Your records can be of assistance [...] Continue Reading…
Personal injury is a very profound circumstance, so approach it with care. If you are injured because of someone else, you should go to court. By taking them to court, you will help make sure that this does not happen to anyone else. Read on to learn how to deal with the legal issues surrounding personal injuries.
When working with an insurance company, always proceed with caution. You will likely have to be involved with at least one insurance company during your claim, so be on your guard. The aim of these companies is to get the matter settled as quickly and as inexpensively as possible. It is probably a good idea to speak with a lawyer before you accept any offer from an insurance company.
You may have a pre-existing condition; however, you are still eligible to receive compensation for accidents you might have had. The best thing that you can do is to practice honesty with your lawyer.
Always keep doctor’s appointments and be sure they are documented when you have a personal injury suit pending. You not only need to prove you were actually injured, you also have to show the costs incurred to get get better. Then, any award will more accurately reflect what you deserve. Not doing so may make it seem like you are deceiving the court.
You need to make sure your vehicle isn’t [...] Continue Reading…
Filed under Uncategorized by May 19th, 2013.on
Want Advice About Personal Injury Law? You Need To Read This Article!When you have an injury, you will want to get a reward for the pain you experienced. Reaching a settlement that is financially acceptable to you can take a considerable amount of time. Don’t leave the outcome of your case up to chance; use this information to ensure that you and your attorney arrive at the optimal outcome.When recalling what you deal with after your accident, your injuries must be detailed clearly. Talk about everything from a bruise to a concussion. If you notice more things later, then remember to write them down. Finally, you should include mental issues you have incurred as a result of your injury. For example, you may now be afraid to drive.Tip: If you slip and fall, call for help, then gather evidence that shows someone else is at fault. For example, you may wish to ask witnesses for phone numbers.Get an attorney that only needs to be paid if you win your case. This way, your lawyer is going to have the same risks you have, as a contingency pay structure only pays the attorney if you recover damages. Agree on a price before you hire a lawyer.Reviews are a great thing to use when you are searching for a lawyer. When negative reviews abound, scratch them off your list. You can [...] Continue Reading…
Get A Verdict In Your Favor: Personal Injury CasesMany people are hurt, and they have no idea that they can sue the responsible party. If you have been the victim of an injury caused by someone else, this article is designed for you. The tips here are priceless.Familiarize yourself with every aspect of your case. Ask your lawyer what you must do to help and to assure that the lawsuit proceeds smoothly. There are many legal aspects of this process which only a lawyer will know. Thus, it’s incredibly important that you spend an ample amount of time mulling over the many details with your lawyer.Tip: One of the pros of how a personal injury case typically works is that your attorney will likely see you get as much compensation as possible. You should however expect to pay your lawyer a certain percentage of the settlement you receive after winning your case.Find an attorney who is working for you and trying to help you get a win. One bad thing is that personal injury lawyers usually take a pretty major cut of the spoils.When you get into a car accident, document every single detail. Start with the license plate numbers of all involved. Keep note of the involved insurance companies. If there were citations issued during the accident, get copies of those. The more info you have, the faster [...] Continue Reading…