domestic assault lawyer calgary
If you have been charged with domestic violence, all is not lost. Our qualified team of domestic assault lawyers can defend you in your domestic violence case.
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WHAT IS DOMESTIC ASSAULT?
The terms domestic assault and domestic violence refer to acts of violence committed against a person in a domestic relationship with the perpetrator. Domestic assaults are not limited to family and intimate partner relationships. They may also include abuse of elderly relatives or individuals with whom the perpetrator has lived for an extended period.
There are different types of domestic violence and assault, including physical harm and threats of violence, sexual assault, extortion, harassment, and more. Domestic assault and violence can be devastating for the alleged victims involved since they experience physical injuries and mental trauma as a result of the abuse. .
The courts take such assaults very seriously, with charges often resulting in jail time and limited contact between the accused and their family.
What Are the Common Types of Offences That Occur in a Domestic Setting in Calgary?
There are many types of offences that can occur in a domestic setting in Calgary. The most common include:
- Threats: Threats are any type of communication meant to scare or intimidate another person. Threats can be verbal or sent through text messages, threatening notes or packages.
- Assault:Assault can include physical contact, such as hitting, pushing, shoving, or kicking. Assault may not always be physical. Brandishing a weapon or making verbal threats are also considered assaults
- Assault Causing Bodily Harm:This involves any type of assault that results in the alleged victim sustaining injuries such as bruises, cuts, broken bones, etc., using a weapon, or an imitation of such. According to section 267 of the Canadian Criminal Code, assault causing bodily harm is defined as a situation in which the application of force to another person without consent results in bodily harm.
- Assault with a Weapon: Assault with a weapon is any type of assault involving the use of a weapon. This could include hitting someone with a baseball bat, stabbing them with a knife, or spraying them with pepper spray.
- Aggravated Assault:Aggravated assault is an indictable offence and involves maiming, wounding, or endangering the life of another, resulting in serious, potentially life-changing injuries.
- Sexual Assault:Sexual assault is any type of sexual contact that is unwanted or forced, including touching, groping, and sexual intercourse.
- Criminal Harassment:More commonly referred to as stalking, this includes any type of behaviour meant to terrorize, frighten, or harass another person with the intent to make them afraid for their safety. This can include following someone, constantly calling them or sending them text messages, leaving threatening notes, or destroying their property.
- Breaking and Entering:Breaking and entering is the act of unlawfully entering a home or a private property, whether residential or commercial, to commit a crime, such as theft or assault
- Unlawfully in a Dwelling:Being unlawfully in a dwelling means remaining in someone's home or another dwelling despite being categorically asked to leave. This is often charged alongside breaking and entering, as it can occur when a person breaks into someone's home but does not actually commit another crime.
- Unlawful Confinement: Unlawful confinement is the act of restraining another person and depriving them of their freedom. This can include locking them in a room or car, tying them up, or keeping them in a secluded area against their will.
- Extortion: Extortion is the act of obtaining something, such as money or property, through threats or intimidation and can include demanding a payment in exchange for not revealing embarrassing or damaging information, such as a sex tape, to using threats to keep someone from testifying in court.
- Various Breaches of Conditions:Domestic violence charges can also be laid in cases where a person breaches the conditions of a recognizance, peace bond, probation or restraining order that was put in place to protect the victim. This can include breaking curfew, contacting the alleged victim, etc.
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When you hire a lawyer through Alberta Legal, we will be with you through every step of the way, from pre-charges and investigation up to the potential trial.
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We will defend you with everything we have to offer. We understand how to deal with criminal charges of any kind. With 98 years of advocacy work in the administration of justice, you can count on us to protect you against your domestic violence charge.
How Investigation of Domestic Violence Charges is Handled in Calgary
Domestic violence charges in Calgary are typically investigated by the Calgary Police Service. So, if you have been accused of domestic abuse, the police investigate the claims or accusations.
The first step in their investigation is to gather evidence. This can include interviewing witnesses, collecting physical evidence, and requesting hospital records, etc.
The police may choose to review the evidence first, as well as interview witnesses and the complainant, before making an arrest. They can also choose to arrest you right away, solely based on the complainant's statements. Upon arrest, you will be taken into police custody and brought to a booking facility for questioning and processing.
After you have been arrested and processed, the police will forward their findings to the office of the Crown Prosecutor. The prosecutor will review the case and determine whether or not to press charges. They may choose to drop charges due to insufficient evidence or continue to prosecute you. It is important to note the prosecutor may amend the charge originally laid by the arresting officer.
If you face criminal charges, you will have to appear in court. If found guilty, you could be sentenced to jail time, probation, fines, and other penalties. You may also be required to attend anger management classes or counselling.
Areas Our Calgary Domestic Violence Lawyer Can Assist You At?
If you have been charged with domestic violence, it is important to speak to a lawyer as soon as possible. Calgary has strict laws regarding domestic violence, and you could face serious penalties if convicted.
At Alberta Legal, we can provide the guidance and representation you need to ensure a positive outcome. Here are some of the areas that our Calgary domestic violence lawyer can assist you with:
- Trial: If your case goes to trial, our lawyer will work diligently to build a strong case on your behalf. We understand the complexities of domestic violence laws and can help you navigate this challenging process with confidence.
- Peace Bond: Many domestic violence charges are resolved through a peace bond — an agreement that you will be on good behaviour for the duration of the bond (typically one year). Additional conditions like no-contact provisions, and counselling may also be involved. Our lawyer can help you navigate this process and ensure that the terms of the peace bond are fair and reasonable.
A forcible confinement charge is typically laid in conjunction with assault charges. However, the Crown will have their work cut out for them, proving that the alleged victim was forced to remain in place. In many cases, this becomes a matter of who said what and validifying two parties’ words against each other.
WHAT IF YOUR DOMESTIC ASSAULT CASE GOES TO TRIAL?
If your case goes to trial, your Calgary domestic assault lawyer can defend your charges in several ways. These include:
Challenging the Complainant’s Credibility:
This may involve examining the complainant's past behaviour, including any history of making false accusations. The ability of your lawyer to effectively cross-examine the complainant and any independent witnesses who might seek to implicate you is critical in obtaining a not guilty verdict in a scenario like this.
Interpreting the Law in Your Favour:
Alberta has a body of jurisprudence on what constitutes an assault, and your Alberta domestic assault lawyer can work to ensure that these are interpreted in a way that favours your case.
Building a Strong Defence : Based on the Evidence
If there is insufficient or weak evidence against your assault charges, your Alberta domestic assault lawyer can help challenge this to secure a not guilty verdict. This may involve arguing against the reliability of forensic evidence, such as DNA analysis or expert testimony.
Mitigating Your Sentence:
If you are convicted of domestic assault, your Alberta criminal defence lawyer can help ensure that your sentence is appropriate to the facts of your case and takes into account any mitigating factors. This may involve arguing for a sentence of probation or counselling instead of incarceration.
WHAT YOU SHOULD KNOW ABOUT PENALTIES FOR DOMESTIC ASSAULTS IN CALGARY ?
If you have been charged with a domestic assault, it is important to understand the potential consequences of the allegations and seek legal guidance at the earliest. The penalty for domestic assault can range from a discharge to imprisonment with a wide variety of options in between. Repeat alleged offenders may face stiffer penalties than first-time offenders because of their prior record of violent behaviour.
Depending on the charge, the penalty for domestic assault differs substantially. While you have a good chance of receiving a harsh penalty if found guilty, being charged with this crime does not always result in a criminal record. One of the most effective ways to resolve minor charges is by negotiating a peace bond, which typically requires a variety of conditions to be met.
If you are facing a domestic assault charge in Calgary, it is important to seek legal representation as soon as possible.
HAve You Been Charged With Domestic Violence?
What Should You Do?
A domestic violence charge is a serious offence that could ruin your life. Contact us today if you have been charged or are under investigation for a domestic violence charge. Without the right legal representation, you could face harsher punishment.
Steps To Take When You Are Charged
Do not contact your Spouse
After being charged, one of the biggest mistakes people make is contacting their spouse. Contact us instead, and we can figure out what the next steps are in dismissing your charges.
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Speak to one of our experienced lawyers right now. When you have been arrested, we offer 24/7 free consultations.
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Hiring us immediately will help you from incriminating yourself in any further discussions with law enforcement.
It can be difficult to build a case when you cannot meet freely with us. Pursuing interim release on bail is the first step in your defence. We can help.
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Jillian has gone above and beyond for my family during a hard time. She has taken a bad situation and given us some peace of mind through out all of it. Great communication and always there when we have any questions or need anything! Genuinely feel like they care about your situation, making it a comfortable environment while maintaining great levels of professionalism!
If you want the good type of Lawyer that listens and believes in you 100% Jillian is the lawyer for you shes not good shes amazing at what she does. WITH Jillian being my lawyer I have confidence in winning in trial. Jillian is very intelligent and knows what shes doing in the court room! She is personal about what you are going through in the most professional manner. There is good lawyers but she is even better with flying colors she sees your legal issue and nothing gets in her way when it comes to defending your matter. I have had Jillian represent me on a few matters and she has won every time!! She is always responsive and on time very organized quickly to help but always proper. I definitely suggest not to miss out on an opportunity to win in court Jillian Williamson is top notch!
Jillian helped me with an assault serious charge. She explained I was facing jail. I was terribly scared. She was responsive and always answered my calls or emailed me back quickly. She asked me to do certain things and I had to meet with her bunch of times. She explained I was facing jail. It did take a long time to get to court. But when we finally did she made it so I won't even have a criminal record. I didn't think that was going to happen but the judge agreed with her. I highly recommend.
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Kim was called to the Alberta Bar in 1988 and has since spent his career focused on criminal law. He is exceptionally experienced with over 5,000 cases and 32 years of practice under his belt.Read Full Bio
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Jim is a criminal trial defence lawyer. His practice covers everything from serious violent offences to drug cases involving illegal search and seizure of evidence and complex defence cases.Read Full Bio
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Alias has argued over 200 cases at the Alberta Court of Appeal and is also regarded for her encyclopedic knowledge of case law. She will take apart complex arguments for your defence.Read Full Bio
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Matthew has extensive experience successfully defending clients charged with a broad range of criminal offences, including impaired driving, drug related charges, violent offences, and sexual assault cases.Read Full Bio
Jillian is an experienced litigator in criminal, quasi-criminal and regulatory cases. She has extensive experience in sexual assault litigation and has argued at all levels of court in Alberta.Read Full Bio