Criminal Defence Lawyer Calgary

Domestic Violence Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault (domestic)

Allegations:

My client assaulted his wife by slapping her in the face, pulling her hair and twisting her arm, after she continued to refuse to provide him with a credit card, so that he could purchase more alcohol.

Result:

After a few weeks of involvement by Child and Family Services, to inquire into the safety of the complainant and their 3 children, and his commitment to residential treatment for his alcohol addiction, the Crown finally conceded to resolve this matter by way of a Peace Bond, and withdrew the charge. No criminal conviction.


No Jail for Violent Attack on Girlfriend

  • 13 April 2015
Charge(s):

CC; s.266 – Assault (domestic)

Allegations:

My client and his girlfriend became engaged in heated verbal argument as he was driving her home. After refusing to pull over and let her out, the complainant tried to open the door and jump out of the moving vehicle. She also grabbed the steering wheel and tried to cause an accident. My client became enraged with her and began to pull her hair, causing clumps of hair to come out. As she struggled with him, and kicked her legs out the window, her boots fell off, onto the road. He then proceeded to punch her repeatedly in the head and face. He eventually pulled over and she managed to escape and run away barefoot in the snow to call 911 from a store.

Result:

Although the complainant was unlikely to show up at trial, my client instructed me to change his plea to guilty and accept the resolution proposal of a suspended sentence and a period of probation for one year. No jail.


Domestic Violence Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault (domestic)

Allegations:

After having a few drinks on New Years Eve, my client had an altercation with his wife and with his neighbour. After hitting his wife, and breaking a vase over her head, resulting in a bleeding cut to her forehead, their children fled to the neighbour’s residence, on two separate occassions. The neighbour confronted my client, resulting in a further physical altercation between them.

Result:

As a result of difficulties in the Crown’s case (the complainant refused to cooperate and the children only heard, but did not actually witness the assault), the Crown would have been unable to prove their case at trial and, consequently, withdrew the charge. No criminal conviction.


No Jail for Beating a Snitch and Tossing Him Into a Lake

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client, who had recently been released from prison, and his friend, approached an individual and accused him of being a rat. They taunted and threatened him and dragged him toward a dock. When he resisted, they kicked him in the ribs and then grabbed him by the arms and legs and carried him to the end of a dock and threw him off the edge, into the lake.

Result:

My client received a fine of $500. No jail.


Domestic Charge Withdrawn Again

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client had an argument with his wife, as they walked home from an evening at the local bar. A witness claimed to have seen my client push his wife down an embankment. She refused to cooperate with the police, claiming it never happened. Due to the lengthy history of allegations of domestic violence between these two parties, the police opted to charge him anyway.

Result:

I persuaded the Crown to agree that, given the complainant’s lack of cooperation, there was no reasonable likelihood of a conviction. The Crown agreed and withdrew the charge (again).


Assault with a Weapon and Other Charges Dropped for Counseling

  • 13 April 2015
Charge(s):

CC: s.267(a) – Assault With a Weapon

Allegations:

My client left his residence at 11:00 pm, to get cigarettes. An hour later, he had not yet returned, so his wife called him. He was at the bar, getting even more drunk. He returned home after 3:00 am, heavily intoxicated and woke up his wife. She had to work the next day and told him to leave her alone. He got angry and started telling her that it was over between them and that he wanted a divorce. He then began throwing furniture around the house, including throwing a chair at her. When police arrived, the house was a disaster area, with holes in walls and soil from broken potted plants everywhere.

Result:

I tendered a plea of “not guilty,” and scheduled the matter for trial. On the day of trial, the Crown withdrew the charge, as the evidence did not support a reasonable likelihood of a conviction.


Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management

  • 13 April 2015
Charge(s):

CC: s.267(b) – Assault Causing Bodily Harm, s.430(1)(a) – Mischief

Allegations:

While driving home from work one day, my client was cut off by another driver who then gave flipped him the bird. My client was outraged and followed this driver in order to “discuss” his rude behaviour. Upon arrival at his residence, the complainant remained in his vehicle, while my client cursed at him through his closed window and urged him to step out. The complainant was terrified and refused to leave the safety of his vehicle. My client grew so frustrated that he punched him through the glass. The shattered glass flew into the face of complainant, causing several cuts on his face.

Result:

Despite my client’s criminal record, I persuaded the Crown to withdraw the assault causing bodily harm charge, in exchange for a guilty plea to the mischief charge. By way of penalty, my client received a suspended sentence, with a period of probation for one year, with conditions that he attend for anger management counseling and pay restitution to the victim for the cost of the ambulance bill.


Campground confrontation charges dropped

  • 13 April 2015
Charge(s):

CC: s.266 – Assault and s.264.1(1)(a) – Uttering Threats

Allegations:

While camping with his family, my client’s daughter informed him that a group of older boys bullied her, pushed her down and poked her with sticks. This infuriated my client, who confronted the boys and threatened one of them to shove a stick up his @%%, if he ever did that again. When an older boy confronted my client and said that he could not talk to little kids that way, my client pushed him, cursed at him, and then kicked him in the @%%. The parents of these children then confronted my client in the form of an angry mob. One of the parents was apparently an off-duty police officer.

Result:

My client was diverted out of the criminal justice system, into the Alternative Measures Program, where he was required to make a donation, in the amount of $500, to a local charity. All charges were dropped. No criminal convictions.


Conditional Discharge for Residential B&E, Threats and Mischief

  • 13 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering Threats, s.348(1)(a) – Break and Enter Residence With Intent to Commit an Indictable Offence Therein, s.430(4) – Mischief

Allegations:

My client attended at the residence of his in-laws, where his wife and children had been staying for the past several weeks, as they were separated. They got into an argument, because she continued to refuse to allow him to see his children. She locked herself and the children inside the residence. He became enraged and attempted to enter through glass sliding doors. He then attempted to enter through a locked side door. He grabbed a metal dolly and began to smash it against the door. He was able to break the door, causing damages to the door and frame and then entered the residence. He noticed that his wife was on the phone with 911 and fled the scene in his vehicle. Police were unable to locate him, so a warrant issued for his arrest. He eventually turned himself in.

Result:

I convinced the Crown that there was no reasonable likelihood of a conviction on counts one and two. My client tendered a plea of guilty to property damage only and the Crown withdrew the other two charges (Threats and B&E). We ordered a Pre-Sentence Report and adjourned sentencing. The Crown was seeking a period of incarceration, followed by a period of probation and restitution to the victim. I argued for a conditional discharge. The judge agreed with me. After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record. No convictions.


Assault on Ex’s New Boyfriend and Threats with an Ax Withdrawn

  • 9 April 2015
Charge(s):

CC: s.266 – Assault, s.175(1)(a)(i) – Causing a Disturbance

Allegations:

My client got into a fight with his ex-wife’s new boyfriend (the complainant). He was dropping off his kids after a weekend of camping when he yelled over to the complainant to make himself useful and help him unload the kids’ belongings. The complainant walked over to my client and got into his face, so my client began to throw punches at him. They ended up wrestling around on the front lawn and it took several people to break them up. My client then went to his truck and retrieved an ax and threatened the complainant, who responded by retrieving from his house a samurai sword. The police arrived before these weapons could be used. The complainant suffered injuries, including numerous facial bruises and a severely swollen eye.

Result:

On the day of trial, the Crown agreed to withdraw the charges against my client, providing that he enter into the alternative measures program. He ended up making a charitable donation, in the amount of $500, and the criminal charges were withdrawn. No criminal convictions.


Gracia Law
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
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