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.
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.
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 to you if you dispute a charge or an amount in the future.
Figure out what the budget you’ll follow will be. You might have a situation and case where you feel you are right, but at what cost? When trying to select an attorney, take a careful look at their fee schedule. Discuss your goals and your budget with any lawyer you are considering hiring. Get a feel for the ways in which expenses could rise.
Clearly, having a good lawyer can make all the difference to your court case. Rather than picking the cheapest lawyer available, select one that is willing to work hard for you. Follow these tips to help you win in court.
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…
It can get frustrating to look for a lawyer. With so many qualified attorneys to consider, it is difficult to distinguish between them. That is what this article is all about – helping you navigate you way through the complexities of choosing a good lawyer.
Before looking for a lawyer, define your question. Think carefully through the issue at hand. Divorces, criminal charges or being part of a lawsuit mean you do. 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.
You might feel like choosing the first lawyer you visit. But you should seek out a lawyer carefully.
You’ll have to agree with your lawyer on a good meeting time. Often an attorney will not contact their client for a long time after being hired. Setting a schedule from the start is a good way to sidestep such issues.
Although you should always be mindful of any advice provided by your lawyer, understand that this person works for you, not the other way around. Speak up if there is something your lawyer wants or says that makes you uncomfortable. Although you lawyer wants the best for you, keep in mind that your case is not the only one they are working on.
One thing to consider when you think about hiring lawyers [...] Continue Reading…
Everything You Should Know About Dealing With Personal InjuriesLawsuits are a big deal, but they are more and more common these days. But if you have decided to move ahead with litigation, it was probably a tough choice. You feel like you’ve been hurt unjustly; therefore, you deserve a settlement. That is why the advice in this piece will be of great help. These tips will help you improve your chances of winning your case.If a lawyer ever advises you to make your claim sound worse in order to increase the settlement, run from him as fast as you can. This may seem like a good idea, but it may end up costing you the entire case. Juries can sense when you are being less than honest and will rule against you.Tip: It is important to keep close track of any and all paperwork pertaining to your case. From prescription receipts to doctor’s diagnoses, keep it all together.Never seek out a personal injury lawyer because you saw their advertisement on television. Doing this is rarely a good idea. You should always find out as much as you can about an attorney before hiring them. If you don’t, you could waste money or end up with an attorney that’s inexperienced.Even if you think your personal injury case is simple, it is best to get advice from an attorney who specializes [...] Continue Reading…
Legal disputes can be quite overwhelming for anyone involved. Alleviate your fears by finding a great lawyer to help you out. Finding great legal representation will make a huge difference for you and the following article can help you to do just that!
Don’t choose the first lawyer you find. Ensure you thoroughly research all your options. Not doing so can be disastrous! If you are interested in a particular lawyer, see if you can find personal references.
Do not hire the first lawyer you see. But you should seek out a lawyer carefully.
When lawyers are coming for you, pass on them. Usually this is a person that wants to scam you, especially if your case involves you paying a lot of cash. Only hire a lawyer that you want.
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. If your lawyer is not a specialist, he will have to spend a lot of time on research. That time comes right out of your pocket.
You may or may not be aware that anything that you share with your lawyer must be held confidential. Therefore, anything that you say should and will not leave the room.
Anyone accused committing any kind of serious crime will need [...] Continue Reading…
Filed under Uncategorized by May 18th, 2013.on