Definition of Assault
Assault can be simply defined as the touching or threat of touching of another person without their consent. Charges can sometimes be laid for everything from extremely minor incidents to ones involving serious injuries. Assault with a weapon is another common charge. Aggravated assault is the most serious form of assault.
Many cases of assault involve domestic situations. The domestic assault cases fill the dockets of Alberta Courts. They involve accused persons of every socioeconomic level, every gender, every sexual orientation, and all ages.
It is the policy of police forces in Alberta to lay charges in nearly all cases where a complaint of domestic violence has been made. Similarly, it is the policy of the Alberta Prosecution Service to prosecute these cases. However, not many of these cases reach the trial stage. If you have been charged with assault, it is important to speak to a lawyer prior to the police questioning you.
The initial consequences of the laying of the charge can be very severe. They include:
Conditions are imposed on the accused person to have no contact with the Complainant and not to attend at the residence or workplace of the Complainant. This usually means that the accused has to immediately find another place to live.
Additional conditions can be imposed, including no alcohol, curfew, no contact with children, etc.
Obviously, domestic violence charges can be life altering. However, these cases are unique in that the Complainant is in a relationship with the accused and often wants that relationship to continue. It is possible therefore, with the cooperation of the Complainant, to have conditions changed or lifted entirely. Indeed, the Complainant in a domestic violence case can significantly influence the process and the outcome of the prosecution.
It is possible for charges to be withdrawn or a Peace Bond imposed, particularly in more minor cases. It is worth noting, however, that Courts do take domestic violence very seriously, and a sentence of jail time is not an uncommon result on conviction.
If you are facing domestic violence charges of any kind, call Bottos Law Group at 780-421-7001. We will fight for you, and we get results.