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.
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.
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 than specialists would, which can lower your hourly costs.
When dealing with real estate issues like buying or selling a house or being sued about the place sold or bought, obtain a type of real estate lawyer. This person will know what they are doing and should be able to help you achieve a satisfactory outcome.
You should know that your lawyer must hold anything you tell him in confidence. So if you tell them you’re guilty, your company’s secret recipe or your wife’s age, they can’t tell a soul.
You should not hire a lawyer until you have a proof they have won similar cases in the past. Just because they specialize in cases similar to yours doesn’t mean they’ll win your case. You may be able to find some of this information online, but if you do not the lawyer really should be more than happy to share their past cases with you.
Local bar associations keep track of complaints against their members so always check with them for information about potential lawyers. If there are a few complaints, they may still be okay, but you should be aware of the nature of the problems reported. Also steer clear of them if their record reads like a rap sheet.
If your lawyer is tied up with other cases, yours is likely to languish. Find out right away if your lawyer is actually too busy to take on more cases. Your attorney should be honest with you about what he can reasonably do.
Before you look for an attorney, make sure you understand your legal matter. If you don’t know the specifics of your case, how can you find a lawyer that specializes in what you need? Educate yourself on your case. That will help you make smart choices.
In certain jurisdictions, family members can receive compensation if the breadwinner dies on the job. Both the worker and the family can receive worker compensation. An attorney can help you sort out all of the paperwork an steps that you need to follow.
Take a look at the surroundings upon entering the lawyer’s workplace. Do you see their files in order? Do they have tons of papers on their desk? Is their coat hung or just sprawled out somewhere? Remember, you pay for their time, including the time it might take to straighten out any chaos they’ve created.
Never hire a lawyer just because they have a television commercial. They may grab your attention, but many are disguising their inexperience. You need to take other things into consideration.
Lawyer fees can add up and become quite expensive. For those without a flat fee for their lawyers, take charge in the amount you are paying them. You need to know where your money is going and how much is being spent.
Now that you’re aware of how to select a lawyer, you can find the one you need easily. Apply the advice from this article to ensure that you make a smart decision. You’ll be happy you did.
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…
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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…
Everything You Ought To Know About Personal Injury LawHave you or one you love suffered a physical or emotional injury due to the negligence of another? If so, maybe you are thinking about filing a lawsuit towards the person who is responsible. Of course, no case will have a chance in court if you don’t have the information on your side. You must continue reading to learn more about this process.Do not supply insurance companies with information pertaining to your case without consulting a lawyer. In some cases, insurance agents will ask you for details about the injury and use these details to lower the amount of your settlement. Call your attorney before speaking with the insurance company and don’t give them anything recorded or put in writing on your own!Tip: When injured, you deserve compensation for your pain and suffering. The burden of proof will lie with you, so keep a detailed record of your experience, including pertinent photographs.Find out how the process will play out before dealing with the insurance company. Remember, the more knowledge you have, the better chances you’ll have. When you can’t handle this process alone, hire a lawyer.As you seek potential representation for your personal injury matter, take the time to seek personal recommendations from friends and family who have been in situations similar to yours. When you do that, you are going [...] Continue Reading…
Get The Right Personal Injury Lawyer With These TipsWithout 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 [...] Continue Reading…
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…