Assault Lawyer in Abbotsford
With more than 36 years of experience in defence, Richard Ballantyne is a trusted name in Vancouver area criminal defence, offering a specific focus in assault charges, including bodily harm, homicide, spousal assault, and sexual assault. As an assault lawyer in Abbotsford, Richard Ballantyne is ready to provide professional legal counsel and to represent you in court. If you have been arrested, he will answer all of your questions and assist you in your bail hearing. Your initial consultation is free, and all other billings are handled on a fixed fee basis.
Mr. Ballantyne makes time available for evening and weekend appointments, and you can call 24 hours a day. Get help today if are facing any type of assault charge.
Assault According to Canadian Criminal Law
If you are charged with an indictable offence of assault that will lead to a jury trial, you need a qualified lawyer with the experience to lead you through the complexities of the judicial system. Richard Ballantyne will be your ally in and outside of court, working to meet your individual legal needs and establishing a basis for acquittal.
In an initial consultation, Mr. Ballantyne will help you understand the charges you face. Basically the offence of common assault according to Canadian criminal law is when a person:
- Applies direct or indirect force intentionally to another person without consent
- Attempts or threatens by action to apply force to another person who reasonably believes the threat is real
- Accosts or impedes another person while openly wearing or carrying a real or imitation weapon
Shoving, unnecessary rough handling, and spitting and biting can be considered forms of common assault. If the assault results in minor injuries, a summary conviction can carry up to 18 months in jail. You can be sentenced to up to 10 years in prison if you are convicted of common assault as an indictable offence.
The different types of assault offences in Canada also include:
Aggravated Assault
You can be charged with aggravated assault if you are accused of wounding, maiming, disfiguring or endangering the life of the complainant. If found guilty of aggravated assault is guilty as an indictable offence, you can face imprisonment of up to 14 years.
Assault with a Weapon
If are found guilty on an indictable offence of assault while openly wearing or carrying a real or imitation weapon, you are liable to prison time not exceeding 10 years. Assault with a weapon also applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, and aggravated sexual assault.
Assault Causing Bodily Harm
Bodily harm according to Canadian criminal law covers intentional force – with a weapon, fist, open hand, or other form – that injures another person’s health or comfort in a way that is not fleeting or insignificant. If you are charged with bodily harm but know that your actions were accidental or caused by carelessness, you may have a clear basis for acquittal.
Assault on a Police Officer
You can be charged with assault on a police officer if you are accused of causing bodily harm or serious injury while resisting arrest.
Domestic and Spousal Assault
There was major dispute between you and your loved one, and you have been charged with domestic or spousal assault. What do you do? First and foremost, request to speak with your lawyer. Richard Ballantyne is highly experienced in domestic violence cases. Whether you are dealing with false allegations that can come with bitter divorce proceedings or you are seeking a peace bond agreement, Richard will work to help protect you from a criminal record.
Charges of spousal assault specifically apply to legally married couples. You can be accused of domestic assault by someone you are currently dating or were formerly dating. Domestic assault also applies to people living in common law marriages. Charges of domestic or spousal assault are prosecuted quite differently from other types of assault charges by Crown counsel.
Sexual Assault
If you have been charged with non-consensual sexual activities or a sexual offence, sexual assault charges can be quite destructive to the accused legally, financially and socially. Contact Richard Ballantyne as your assault lawyer in Abbotsford for immediate legal advice about a range of sexual assault charges that can include:
- Sexual assault causing bodily harm or aggravated sexual assault
- Sexual assault with a weapon
- Homicide while committing or attempting aggravated sexual assault
- Homicide while committing or attempting sexual assault with a weapon
