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.
When you have to deal with a legal issue, it can be intimidating and a little confusing. It doesn’t have to be. Make it less scary for yourself by hiring a good attorney. The difference between a win or lose in your case could come down to your choice of lawyer, and this piece will assist you in making the right choice.
If your case is of criminal nature, then you need to immediately get in contact with and hire a lawyer. Do not take it upon yourself to handle the legal proceedings; you may end up in more trouble than before. An experienced lawyer will be able to handle your situation appropriately.
If you have a lawyer retained, they will always be available if the need arises. Take all the time you need to choose a good lawyer instead of doing this under pressure. Keep a good lawyer on retainer so you can get legal advice anytime you need.
Think about what exactly you want before you look for a lawyer. The first thing to do is think about whether you really need a lawyer or not. For instance, if you have committed a crime, have a pending lawsuit or will be getting a divorce, a lawyer is needed. Even if your need is not related to these subjects, you may still require an attorney’s assistance about a financial or business matter.
Avoid selecting the first lawyer you find in the phone book. Blindly choosing a lawyer is never a good idea. Do not take just anyone’s word either, do your own research so that you can choose with confidence. Be careful.
Talk to your inner circle before you do the research on your own. Speaking to family, friends, acquaintances, etc., you might can obtain excellent lawyer suggestions that are a good fit for you. This helps you find someone great right away.
Don’t sign up to work with a lawyer when you don’t feel very comfortable with them. Same thing if you are not comfortable with the fees. Do not sign an unlimited retainer. Ask for a quote right away and go over the fee structure in details.
You need to keep track of all the interactions with your lawyer. Write down any pertinent information like date and time, what was said, and how much the session will cost. This will help you if there are any billing or other issues later.
Figure out your budget. Even if you feel fairly confident that your case will prevail, you still need to consider the cost involved. Research the fees and charges of any lawyers you consider. You should also talk to potential lawyers face to face about how much you can afford and what you want to accomplish. Get a feel for the ways in which expenses could rise.
Make sure that you feel comfortable in every way about the lawyer that you chose. Your lawyer should be experienced, intelligent and friendly with you. Look for another lawyer if the professional you hired does not make you feel comfortable.
You should now be more knowledgeable on dealing with your court case. The first step is hiring the right lawyer, then acting on his or her instructions. Having a great lawyer can make all the difference.
If you are hurt because of another person, you have to act right away. The first thing you should do is seek medical attention. After that, make sure to contact a good attorney. The information presented here can help you will the process. You should read this article and use these tips to get the settlement you need.
Detail injuries as clearly as possible in writing. Be sure to note cuts, scrapes, bruises, broken bones and so on. Include any bruising that happens within a couple of days of your accident. Write down any mental problems you face later on as well.
You want to write everything down in detail following an accident. Don’t overlook even minor injuries, like cuts and scrapes.
You should also include any lost income when you are getting everything together. 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. If you were not able to attend your classes, you may be able to get a settlement to make up for that loss.
Personal injury law tends to be tough when it comes to fighting cases. That’s why you need a personal injury attorney who has lots of experience. A winning track record will ensure that your case receives proper handling.
Tracking [...] Continue Reading…
Filed under Uncategorized by May 24th, 2013.on
Tips You Need To Know If You’ve Been InjuredIt is often the case that you will need to pursue your personal injury claims in court. Fair settlements are hard to come by, so you will most likely need to lawyer up. Use these guidelines to navigate the process of filing a personal injury lawsuit.Hiring an attorney isn’t cheap, and you deserve every penny’s worth. Your lawyer should treat you fairly and respectfully and must be willing to answer your inquiries and update you on the progress of your case. If your attorney does not treat you with respect or refuses to take the time to answer your questions, consider hiring a new attorney. When you can’t get in touch with them, consider someone else.Tip: If you have suffered a car wreck, be sure to document all the details for your attorney. Do not forget things such as license plate numbers or names.Make sure that you communicate with your lawyer as much as you can. Your lawyer is not only working on your case, and yours might become lost in the pile. This can especially happen if you do not set your rules up about communication when the relationship begins. Before your case gets underway, set up a workable communication schedule.If you need to appeal the outcome of your injury case, remember that you can get a different lawyer to [...] Continue Reading…
Are you in need of an attorney to help you win your case? You have much to consider, so you should appreciate any available insight into the process of hiring and working with an attorney. Read on to find out how to choose just the right lawyer to meet your legal needs and emerge victorious.
Don’t just hire the first attorney you talk to. Do thorough research for the best results. Keep asking other people so that you can learn more information concerning certain lawyers.
If you’re accused of a crime, you need to find a lawyer immediately. Trying to handle everything yourself can leave you in a compromising situation.
Always request information related to fees when hiring a lawyer. The charges can vary widely depending on the lawyer’s experience and skill; therefore, it is best to understand the fees prior to signing any agreement. It is highly problematic to lose your attorney after your matter is already underway.
Define your problem before you seek out a lawyer. First ask yourself if you need a lawyer. For example, divorce cases, criminal cases and financial cases usually require an attorney. If none of these apply, you still might need a lawyer for a professional opinion on financial or business matters.
A specialist may cost more per hour, but it’ll be less in the long run. General lawyers spend lots of time looking at cases [...] Continue Reading…
Finding yourself in a situation where you will be asked to show up in court can be nerve-wracking, but you can reduce your stress. Choose a lawyer that you are confident in and allow them to lead you. Read over the advice in this article to find the perfect counsel to represent you in court.
Hiring a lawyer should be the first thing you do if you are in trouble with the law. Never try and do anything on your own as you may end up breaking the law. You are in a serious situation, and you need the assistance of someone with training and experience.
Make sure to ask for your lawyers history prior to hiring them. Having a license to practice law does not signify that he is good at it.
Always request information related to fees when hiring a lawyer. The fees can range greatly based on the lawyer’s demand and experience and it is best to know what you will be paying before you agree to use him. You need to know what you’re in for.
You want a lawyer experienced in the cases just like your own. Check your potential lawyer’s history. A lawyer may claim to specialize in a certain area of law, but if he did not win any of those cases, you should try someone else. Ask the lawyer for examples of cases they [...] Continue Reading…
Filed under Uncategorized by May 23rd, 2013.on
If you need to go to court for any reason, you’ll need to do some preparation first. No matter what your case is about, you need to have someone representing you that can understand what’s going on. The advice that follows will help you make good decisions regarding your situation.
Many people find it wise to keep an attorney on retainer. By doing this, you won’t be quite as stressed. Instead, you can take time to find the best lawyer for you. With having someone already retained and ready to go, you’ll never be left with lingering legal questions.
You really do not want to pick the first lawyer you come across. Research wisely since there may be serious consequences for you if you don’t.
Think of what your problem really is before looking for a lawyer. The first thing to consider is whether you really need a lawyer or not. You are likely to require a lawyer when you have been criminally charged, have a lawsuit or are seeking a divorce. You could very well need the expert opinion of a lawyer regarding finances or business, even if these are not areas you are generally concerned with.
While being faced with the higher costs of a lawyer who specializes in the field you need may be overwhelming, you will often find that it costs less by the end of your case. [...] Continue Reading…
Many people don’t even know where to begin in terms of engaging a lawyer. Knowing which lawyers are trustworthy and which should be avoided is quite a chore. Keep reading to discover great tips for choosing a top-notch lawyer.
If you don’t feel comfortable, do not hire that lawyer. If you don’t feel comfortable with the fee arrangement, don’t hire the lawyer. Do not sign blank checks or agree to a fee structure you do not understand. Get an estimate so you can keep costs low and they don’t get out of control.
Don’t just choose the first lawyer you come across. Be certain you research properly, since there might be bad consequences if you don’t do that! Do some research into any lawyer that you think could be right for you.
Understand your spending limits. Make sure you have plenty to cover the costs. Look into the fees the lawyers charge. Speak to your potential lawyers what your budget and goals are. Learn what can add to your cost.
Only use lawyers you can trust. This is certainly the case if you are hiring a lawyer to handle business matters. They may ask for retaining fees and blank checks. This requires a very high level of trust and faith in the lawyer you have chosen. Try as much as possible to protect yourself.
When interviewing lawyers, ask them a lot of questions. [...] Continue Reading…