Is an Assault Charge Final? What Abbotsford Residents Need to Know

Getting in trouble for an assault in Abbotsford can be scary.

You may worry about what will happen next.

You might be afraid of having a criminal record that stops you from getting a job later, from crossing the border to visit the United States, or staying in Canada.

Many people think that once the police say you did something wrong, you are automatically guilty, but the law in Canada gives you ways to explain your side.

If you are dealing with this, you should talk to an Abbotsford criminal defence lawyer right away to get some help.

What is an Assault in Abbotsford?

In Canada, an assault is more than just a big fight or hitting someone.

The law says an assault happens any time you touch someone else on purpose when they do not want you to.

An assault does not have to leave a bruise or a scratch.

You can be charged with assault even for moving like you are going to hit someone if that person believes he is going to be hit.

Because the law is mostly about not touching people without their permission, even a small shove or a push during an argument can lead to a court date at the Abbotsford courthouse.

How serious the charge is usually depends on whether anyone was badly hurt or if a weapon was used.

A “simple assault” might just be a little push, but an “aggravated assault” is for when someone gets really hurt and has to go to the hospital.

Since every situation is a bit different, an Abbotsford criminal defence lawyer will check all the police papers to see if the government can actually prove you did what they say you did.

• Simple Assault: This is when someone pushes or threatens another person. If a judge decides it’s serious, it can lead to trouble like probation or even time in a place for people who break the law.
• Assault with a Weapon: This is when someone uses an object (like a stick or a bottle) to scare or hurt someone, or if the other person gets a bad injury, like a broken bone.
• Assault causing Bodily Harm: This is when someone is injured during an assault. It does not have to be as serious as a broken bone. Bruises and scratches can be “bodily harm.”
• Assault by Choking: This is when someone is choked, suffocated, or strangled during an assault. It usually means that the airflow or bloodflow of the other person is interfered with. This could be achieved by applying pressure to the neck or covering the mouth and nose.
• Aggravated Assault: This is the most serious kind of assault. It is for when someone is hurt so badly that it changes their life or puts them in danger.
• Sexual Assault: This is any kind of touching that is sexual when the other person did not say it was okay. This charge can stay on your record for a very long time.

Is an Assault Charge Final?

The short answer is no.

An assault charge can be dismissed, withdrawn, or stayed.

You may also be acquitted after a trial.

In some cases, even if you are found guilty, a judge may discharge you, meaning you are not convicted of the crime.

If you work with vulnerable people (children, the elderly, intellectually disabled, etc.), you may have different issues.

The same applies to certain professionals and employees.

In these cases, it is best to contact an experienced criminal lawyer in Abbotsford.

How a Lawyer Can Help You

Just because the police say you did something does not mean it is true.

A lawyer has many ways to help keep your record clean.

One way is by showing that you were just defending yourself.

In a busy place like Abbotsford, things can get heated at a park or a mall, and sometimes the police only hear one side of the story before they arrest someone.

Your lawyer can look for people who saw what happened or check camera footage to show that you only used force to stop someone else from hurting you first.

Another way a lawyer helps is by talking to the government to see if they can drop the charges if you do certain things, like go to a special class or stay away from the person you had a fight with.

If this is your first time getting into trouble, they might give you a second chance so you don’t have a criminal record forever.

This is great for people who made one mistake and want to fix it so they can keep their jobs.

By explaining who you really are and showing where the police might have made a mistake, your lawyer can often get you a much better result.

• Proving Self-Defence: Showing the court that you only used force because someone else was trying to hurt you first.
• Consent: Proving that both people actually agreed to a fair fight.
• Rights Violations: Checking if the police followed the rules when they arrested you.
• Peace Bonds: Making a deal where the charges are dropped if you promise to be on your best behaviour for a year.
• Checking the Story: Finding out if the person who complained is telling the truth or if they are leaving out important parts of the story.
• Accidents: Showing that the touching was just a total accident or a mistake and not something you meant to do.

Protect Your Future in Abbotsford

The best thing you can do to protect your future is to act fast as soon as you get home from the police station.

The courts in Abbotsford move quickly, and you do not want to miss any important dates or break any of the rules the police gave you.

A criminal charge can be stressful.

It is best to call an experienced criminal defence lawyer in Abbotsford for help with your case.