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.