Defending Clients Charged With Assault
Kahlon Lawyers is experienced in defending Toronto clients charged with assault. The charge may come under different names like domestic assault, sexual assault, assault with a weapon, aggravated assault, etc. Read along to find out what happens if you are faced with charges of any kind of assault.
Assault is fully defined in and declared an offence under section 265 of the Criminal Code. In simple terms, a person commits assault when they intentionally apply direct or indirect force to another person without their consent. An assault can also occur when a person attempts or threatens to intentionally apply direct or indirect force to another.
When the police receive a complaint of assault, they see if the described situation falls under the definition of section 265. If it does, then they proceed to arrest the accused. Even after arrest, the accused still retains all their legal and Constitutional rights, which include the right to consult a lawyer, right to obtain bail, and more. The police must let the detainee speak to their lawyer before taking a statement. In such scenario, it is advised that a good Criminal Defense Lawyer should be contacted so that the accused who is a layman in terms of legal issues may not make a grave mistake
The next step after arrest is to obtain bail. Unless the police deem the accused releasable from the station, they will be held for a bail hearing. A Criminal Defense Lawyer in Ontario will assist the accused in obtaining bail from a court of law. At a bail hearing, the lawyer will argue before the justice of peace or a judge as to why the client is legally entitled to be released.
Depending on the type of assault, the accused may be tried summarily, or by indictment. If tried by indictment, one has the liberty to choose the mode of trial. They can be tried by a judge alone, or by a jury and a judge. A Criminal Defense Lawyer will help you choose your best course of action.
If your or a family member has been charged with a criminal offence, give Kahlon Law a call at 1-(647) 978-8444 or click here to schedule a free one-hour consultation.
