Recent Cases

As a criminal lawyer in Calgary, I recently represented a man charged with assault and mischief contrary to sections 266 and 430(1)(a) of the Criminal Code of Canada. In this case, both parties called 911 to report a road rage incident that turned into an assault accusation against each other. The other party in this case ran a red light which led to cutting my client off in traffic. Due to a construction zone, the other party slowed down, at that time my client got in front of him and pulled over, as did the other party. An altercation occurred between both the parties and an assault occurred.

My client maintained from the beginning that he was defending himself in this situation as he too believed he was the victim of an assault and also reported the incident. The prosecutor maintained my client was the aggressor and committed the offence.

Road rage incidents are on the rise in Canada. Offences committed during a road rage incident will be considered an aggravating factor by a sentencing judge. Aggravating factors drive the sentence up and mitigating factors drive a sentence down.

In some cases, the best possible outcome is reducing risk and eliminating the chance of a criminal record. For some individuals, depending on the nature of their employment, a criminal record will be life-altering. This was my client’s situation.

Through the hard work of my client and tireless negotiations with the prosecutor, I was able to persuade the judge to order my client for a conditional discharge.

This case demonstrates a lawyer’s responsibility to spot the risk and reduce risk when a client so instructs. It is also important to know when you receive an initial offer to resolve a case from the prosecutor how and when to push for a different result.

The lawyers at Wyman & Williamson are serious lawyers who defend serious allegations every single day.