Violent Offences & Domestic Violence Lawyer in Alberta
Domestic Violence Defence Lawyers in Alberta
Defence Against Charges of Uttering Threats
A person charged with uttering threats has been accused of threatening to harm another person, property, or animals. Threats can be made verbally, through audio, or captured on video. It’s important to know that it’s still a crime to threaten, even if the individual had no intention of carrying it out or could not realistically execute the threat. Here are common defenses used against threat charges:
- Denial of Offence: The accused denies that they made a threat.
- Denial of Intention: The accused claims they had no intention of carrying the threat out.
- Alternate Meaning: The accused meant something else, or their words were misinterpreted.
Defences Against Simple Assault Charges
Simple assaults usually occur within domestic settings. If you get charged, you may be subject to bail conditions, including a no-contact order with your spouse. This may also mean that you won’t be able to visit or stay at your home. Breaching ball conditions can lead to harsh consequences and additional charges Simple assaults happen when:
- A person applies force on another person without their consent.
- A person carries out a threat to commit assault.
- A person makes another believe that they will carry out the threat eventually.
- A person confronts another with an actual or imitation weapon.
Legal Counsel for Charges of Bodily Harm
Bodily harm is any injury compromising a person’s health, safety, or comfort. The injuries sustained can be minimal, and they mainly occur by hand. Choking is a prime example of an action that could be charged as bodily harm. The accused does not need prior knowledge that their actions would cause harm. They only need to know that their actions could cause it. Other examples of bodily harm include but are not limited to:
- Scrapes and abrasions
- Bruising on the body and face
- Small cuts or incisions.
Legal Counsel for Assault With a Weapon
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Anything can be used as a weapon to harm or injure another person.
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If an object is designed to threaten, it constitutes a weapon.
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If an object is used with intent to threaten, it constitutes as a weapon.
Legal Counsel for Aggravated Assault
- Wounding: A severe break or cut in the skin that causes some degree of permanent damage.
- Maiming: Injuries that hinder a person’s function, such as broken bones, loss of vision or loss of movement.
- Disfigurement: An injury that permanently changes a person’s appearance, like scarring or loss of an eye.
Defence Against Charges of Homicide
Homicide means causing the death of another human being either directly or indirectly. The two types of homicide are first-degree murder and second-degree murder. First-degree includes murder that was planned, premeditated, or deliberate. Second degree involves homicide committed intentionally but without planning or premeditation. Here are some common defences against homicide and murder charges:
Denial of Offence
An outright denial of involvement or relation to a homicide.
Self-Defence
When the accused claims they were protecting themselves or someone else.
Provocation
A partial defense that argues the accused was provoked into acting how they did.
Non-Mental Disorder Automatism
The homicide occurred during an involuntary behavior, like sleepwalking.
Mental Disorder Automatism
The accused has a diagnosable mental disorder.
Are You Facing a Violent Crime Charge?
If charges of violent crime or domestic assault have been brought against you, we recommend contacting a lawyer as soon as possible. It’s crucial that you speak with a lawyer before the police or authorities. When you contact BW Law, we will come to your aid and listen to your side of the story. Facing violent crime allegations and charges can cause chaos and stress. We aim to make the process as easy as possible and help you move on with your life.
Successful Case Summaries
Our client was charged with assault arising out of a domestic conflict with his ex-spouse. Danielle Boisvert obtained the transcript of the ex-spouse’s application for an Emergency Protection Order which became a mutual restraining order. In that application hearing, the ex-spouse testified that she was not certain whether the ‘push’ was on purpose or accidental. Danielle Boisvert used this transcript to convince the prosecutor to resolve the client’s criminal charge with a Peace Bond on the same terms as the mutual restraining order. The criminal charge of assault was withdrawn.
Our client was charged with assault and destruction of property after a heated argument. Though a peace bond was a resolution option, Daneille Boisvert recognized this would cause problems for our client who was concerned about cross-border travel and their work with youth sports. To ensure the client’s interests were represented, Danielle travelled to discuss a better resolution with the Crown prosecutor in person. After their discussion, the Crown withdrew both charges.
Our client was charged with domestic assault and two counts of breaching the no contact condition of his release order. Anny Wang prepared defence witnesses willing to give exculpatory evidence who were present during the altercation. At trial, the presiding judge deemed defence witnesses highly credible and acquitted our client of the assault charge. The Crown nonetheless decided to pursue prosecution of the breaches of the no contact condition and sought a monetary fine, which would have left our client with a criminal record. Anny informed the Court of the broader context of the breach – that the police found our client’s communication breaching the no contact was apologetic and concerning their children – and compiled a number of character reference letters from community members speaking to our client’s leadership, generosity, charity, stable employment, and genuine remorse. The presiding justice granted our client an absolute discharge, leaving him with no punishment and no criminal record.
Our client was charged with aggravated assault, assault and uttering threats against his ex-wife and her sister during an argument over the exchange of children.
Our client was facing several domestic violence charges relating to his girlfriend, who called the police during a verbal argument. His girlfriend later admitted that our client had not assaulted her but wanted police assistance to get him out of their home for the night. Danielle Boisvert referred the complainant to obtain independent legal advice. Upon receipt of this updated statement, the Crown agreed to withdraw all charges.
Our client was charged with assault by choking against his domestic partner. Upon review of the very different versions of events proffered by both sides, Danielle Boisvert identified credibility problems and self-defence as legal issues that needed to be resolved at trial. A trial date was scheduled for the spring of 2025. Without revealing her defence strategy, Danielle Boisvert informed the Crown prosecutor of the problems they would have in proving the case against her client. As a result of her efforts, the charge against our client was withdrawn months before the trial date.
Our client was charged with aggravated assault after an altercation with a neighbour. The complainant and his wife both testified for the prosecution during a judge and jury trial. In cross-examination, Danielle Boisvert highlighted the serious differences in the two main witnesses’ evidence, pointing out that one witness was clearly exaggerating in an attempt to bolster the other witness’s evidence. Danielle Boisvert secured an acquittal by establishing that the Crown witnesses did not give credible evidence and that her client acted in self-defence.
Our client was charged with assault. He was initially denied for Alternative Measures Programming (AMP). Anny Wang compiled information supporting our client’s good character, mitigating factors, and context for the offence and provided that information to the Crown Prosecution Services, which reconsidered their initial position and accepted him into AMP. After completion of the conditions, the charge was withdrawn.
Our client was charged with assault and assault with a weapon. A dispute arose between the client and a neighbour, during which other family members became involved. After Danielle Boisvert informed the prosecutor of the application of the defences of consensual fight and self-defence to this case, the prosecutor agreed to withdraw the criminal charges. Our client walked away with no criminal record.
Our client was charged with assault arising from a road rage incident. The physical altercation was captured by dash cam footage. Anny Wang provided our client’s lengthy pro-social contributions to their community to the Crown Prosecutor and negotiated a favorable resolution without a criminal record. When the our client’s pro-social contributions to the community were presented to the presiding judge, the Court also dismissed the Crown prosecutor’s proposal for community service.