What Steps Criminal Lawyers Take
to Protect Accused Person in a Assault Case?
Chances of a jail term are quite high in case someone gets convicted in a assault case. As such, it is imperative for an accused to get legal advice on how to fight those charges and get a not guilty verdict. In this context we will look into how Toronto criminal lawyers can help accused person get a favorable verdict in the case.
Role of Toronto Criminal Lawyers in Assault Cases
What falls in the category of assault?
Let us first start by looking into offenses which fall in the category of assault. As per laws, any application of force where it is without consent of the other person is considered an assault. Some of the other grounds for an assault case can be:
- Any attempt by accused to apply force.
- Any kind of action on part of accused to threaten other person about application of force.
Moreover, it is not necessary for alleged victim to actually get physically injured to put charges of assault.
Assault Cases and Peace Bond
It would be possible for Toronto criminal lawyers to successfully get a peace bond in case you are facing minor charges. However, Crown will consider a range of factors prior to approving your peace bond request. As such, it will only be possible to get approval on your peace bond when:
- You have no recent conviction in any assault case and
- You do not have any type of criminal record.
Requisites for Getting an Absolute or Conditional Discharge
Toronto criminal lawyers would be able to get you a conditional or absolute discharge in certain circumstances. But, such type of discharge will not be possible if:
- It is a case of assault where a weapon was used.
- It is considered an aggravated assault or
- It falls in the category of an aggravated assault
In addition to it, there are several other aspects which court will consider before allowing a discharge. These aspects would include:
- Was accused discharged in any earlier case?
- How severe is the injury that alleged victim suffered?
- Does accused person has any type of criminal record?
- Which circumstances result in an assault?
- Will discharging accused person be against interest of common people?
Assault Case and Defenses Used by Lawyers
Defense #1: Self-defense
During an assault people generally make use of self defense to protect themselves. Thus, Toronto criminal lawyers examine the possibility of using this factor for defending your case. Other situation where you might utilize self defense tactics include:
- There are reasonable grounds for you to fear your safety.
- Equal force was applied by alleged victim at the time of assault.
Defense #2: Identity
It is possible that establishing identity of who actually assaulted the alleged victim is difficult and this factor can be used by Toronto criminal lawyers to defend your position in the case.
Thus, it is quite clear that legal advice will be very important if you are facing assault charges. An experienced lawyer will be able to properly analyze your case and use different strategies to get most suitable verdict in the case.