Criminal Defence Lawyer Calgary

Habitual Offender Gets a Discharge for Assaulting Peace Officers

  • 9 April 2015
Charge(s):

CC: s.270(1)(C) – Assault Peace Officer x 2, s.129(A) – Obstruct Peace Officer x 2

Allegations:

My client yelled profanities at two peace officers at an LRT station. They confronted him and demanded some form of identification in order to issue him a violation ticket for employing vulgar language on LRT property. A physical struggle ensued, whereby my client was accused of assaulting the two officers. At trial, my client maintained that he was cooperating with officers and did not assault either of them. Instead, he claimed that he was the one assaulted; that he was punched in the mouth, by one of the officers, causing him to lose a tooth. The officers maintained that this occurred when my client’s face struck the ground during the arrest process. He was found not guilty of assaulting the officers, but was found guilty of obstruction (mainly, I suspect, due to his hostile and unstable behaviour on the witness stand).

Result:

In light of my client’s previous criminal record, which includes over 40 prior convictions, the Crown was initially seeking a period of incarceration. However, following the production of a pre-sentence report, and a psychological assessment, their position changed to a period of probation with many conditions, including community service hours and a fine. However, the court agreed with my submissions and granted him a conditional discharge, with no community service hours and no fine. The end result, upon the expiration of the order, will be no criminal conviction.


Night Club Shooter Avoids Conviction on Attempted Murder Charge

  • 8 April 2015
Charge(s):

CC: s.239(a) – Attempted Murder, s.268 – Aggravated Assault, s.267(a) – Assault with a weapon (firearm), s.88(1) – Possession of a Weapon (firearm) for a Dangerous Purpose, s.87(1) – Pointing a Firearm, s.86(1) – Careless Use of a Firearm, s.85(1)(a) – Using a Firearm to Commit an Indictable Offence, s.90(1) – Carrying a Concealed weapon (firearm), s.91(1) – Unregistered Possession of a Firearm, s.95 – Possessing a Loaded Firearm, s.92(1) – Unlicenced Possession of a Firearm, s.96 – Possession of an Illegally Obtained Firearm, s.139(2) – Threatening a Witness from Providing Evidence, s.423(1)(a) – Threatening a Witness, s.244.1 – Discharging a Firearm in order to Prevent Arrest or Detention, s.244.2(1)(b) – Reckless Discharge of a Firearm, s.264.1(1)(a) – Uttering Death Threats.

Allegations:

My client, together with his two friends, entered a crowded nightclub in the early morning hours, walked up to a rival drug dealer on the dance floor, pulled out a handgun, fired one shot into the ceiling and a second shot into the abdomen of the victim. The bullet lodged in his spine, rendering him permanently disabled. They immediately ran to the front door. My client made it out. However, his two friends got tackled by bouncers at the entrance. My client returned, pointed the firearm at the faces of the bouncers, asked them if they were stupid and asked if they wanted to die. He fired three shots into the air and ordered them to release his friends. Together they ran toward a parked vehicle and escaped. Later that morning, they attended at the home of three witnesses who knew them and who had seen them at the club, and threatened to kill them, if they said anything. The next day, the police found them inside a nearby hotel room. Inside their room was a key to a vehicle where police found the clothing worn by the culprits, as captured on closed circuit video surveillance at the nightclub. The DNA on the clothing matched the DNA of the accused. Gunshot residue was also found on the clothing. They also found my client’s fingerprints inside the vehicle.

Result:

After conducting a two-week long Preliminary Inquiry, and hearing from dozens of civilian witnesses, police officers and expert witnesses, my client instructed me to negotiate a favourable resolution. Ultimately, he pleaded guilty to only two charges: Reckless Discharge of a Firearm (for shooting the victim in the stomach) and Assault with a Weapon (for threatening the bouncers). We presented a joint submission for a sentence of 5.5 years on the first charge and an additional 6 months on the second charge. Subtracting his pre-trial custody, he was left with a remaining sentence of 54 months to serve. Had he been found guilty after trial, he would have been facing a potential sentence of at least 12 years.


Charges Withdrawn on Violent Attack & Threats with a Weapon

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.88(1) – Possession of a Weapon for a Dangerous Purpose

Allegations:

My client engaged in a verbal confrontation with an individual after a house party. My client then brandished a baton and threatened this person. He then left the baton in his vehicle and proceeded to push and punch the victim in the head repeatedly. While the victim was on the ground, in a turtle position, my client kicked him. The victim was in too much pain to walk. EMS attended. Among other injuries, the victim suffered bloody lips and a cut below his eye.

Result:

One month prior to the scheduled trial date, the Crown sent a letter advising that all charges were stayed (withdrawn). No criminal convictions.


Assault with a Loaded 12-Gauge Shotgun Charge Withdrawn

  • 8 April 2015
Charge(s):

CC: s.87(1) – Point a Firearm, s.88(1) – Possess a Firearm for a Dangerous Purpose, s.267(a) – Assault with a Weapon.

Allegations:

In the heat of a verbal and physical altercation with his older brother, my client pointed a 12-gauge shotgun within 12 inches of his brother’s face and threatened to kill him.

Result:

The Crown was seeking a convicton with serious consequences. However, on the day of trial, the complainant did not present himself. Consequently, the Crown had no evidence to call and withdrew all of the charges. No criminal convictions.


Charges Withdrawn in Drunken Domestic Tirade

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.264.1(1)(a) – Uttering Threats; CDSA: s.4(1) – Possession of Cannibis Resin (hashish)

Allegations:

My client assaulted his wife in their home while he was intoxicated. He became enraged, was pulling her hair and yelling at her, then punched a hole in the wall beside her. He then grabbed her by the arms and pushed her by the chest and throat up against the wall to make him listen to her. She is deaf. He was talking too fast for her to read his lips. She asked him to let her go because she had to use the bathroom. He would not, and she ended up urinating in her pants. My client then started talking about her daughter and stated that he wanted to kill her. He insisted that she drive him to Calgary to see her and her father. His wife told police that he loses his temper many times every day, where he yells, screams, swears and calls her names. He also smokes drugs every night in order to calm himself down and to relax. That night, my client was heavily intoxicated by alcohol, combined with prescription medication. After forcing her to drive him, and while they were driving toward Calgary, my client continued with his tirade and was grabbing the wheel of the vehicle. She pulled over and flagged down a passerby to call the police. While police were dealing with him, he was instantly rude, aggressive and extremely beligerant toward the officers. He refused to obey directions or to answer simple questions, telling the police to “f” off and that it was none of their f-ing business. While handcuffed in the back seat of the police cruiser, he continued to shout profanities and to yell obscenities at the officers, trying to break the door open with his upper body. His wife turned over to police a large block of hashish that she took from my client. The vehicle was also strewn with open and empty cans of beer.

Result:

On the day of trial, the Crown agreed to resolve with a Peace Bond for 12 months. The only conditions being to abstain from the use of intoxicants. All charges were withdrawn. No convictions.


Probation for Repeated Domestic Violence

  • 8 April 2015
Charge(s):

CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court

Allegations:

My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.

Result:

Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.


Assault with a Weapon and Other Charges Dropped for Counseling

  • 8 April 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.430(1)(a) – Mischief, s.129(a) – Resisting Arrest, s.264(2)(b) – Criminal Harrassment (repeated communication), s.264(2)(c) – Criminal Harrassment (besetting dwelling house)

Allegations:

My client and his wife had recently separated and he was having great difficulty accepting their failing relationship. While picking up some personal items, that his wife left for him, he saw her in the parking lot with their two kids. She was with her friend and her two small children too. He approached them and attempted to persuade her into reconciling their relationship. She was not interested and refused to listen to him. He became enraged and started yelling at her, forcing her and her friend and the four children to lock themselves inside the vehicle as they feared for their safety. He went to his vehicle and retrieved a tire iron, returned to her vehicle and smashed her driver’s side glass, causing minor injuries to her left arm. He fled the scene prior to police arrival, yelling to her that he would return and cause further damages to her vehicle. A warrant issued for his arrest, as his whereabouts remained unknown.His wife soon after obtained an Emergency Protection Order against my client.Three weeks later, my client attended at his wife’s residence again. She called 911, while he was at her front door, trying to talk to her and gain access inside her apartment. She barricaded the door with a dresser and took her children to a safe room. She was ferful for her safety and for the safety of her children. Police located my client inside the stairwell to the building and advised him that he was under arrest. He provided police with a different name and then tried to escape by pushing his way past the offciers and run down the stairs. He was taken into custody and handcuffed.

Result:

I persuaded the Crown to withdraw the assault with a weapon charge, in exchange for guilty pleas to the charges of mischief, resisting arrest and one count of harrassment. Given my client’s fragile emotional state, I requested a Pre-Sentence Report, as well as a Psychological Assessment. Neither report was prepared in time for the sentencing, so ratehr than adjourning, we proceeded without them. By way of penatly, he received a suspended sentence and a period of probation for 18 months, with conditions that he attend for assessment and counseling as directed in order to assist him in coming to terms with the probems in his life.


Criminal Harassment and Stalking charges dropped

  • 8 April 2015
Charge(s):

CC: s.264(2)(a) x 2 – Criminal Harrassment (repeated following), s.264(2)(b) x 2 – Criminal Harrassment (repeated communication), s.264(2)(c) x 2 – Criminal Harrassment (besetting dwelling house), s.264(2)(d) x 2 – Criminal Harrassment (threatening conduct), s.127(1) x 2 – Breach of Restraining Order.

Allegations:

The details of these offences are complex and lengthy. However, my client was essentially accused of harrassing, stalking and threatening the complainant and her husband at various locations throughout the course of nearly 14 months. My client and the complainant were involved in an intense extra-marital affair together. When her husband found out, he ordered an end to it and, together, they obtained a restraining order against my client. However, he repeatedly violated the conditions to avoid her, as they pursued their sexual relations.

Result:

All charges were eventually dropped. My client entered into a peace bond, promising to avoid communicating with her or her husband for a period of one year. No criminal convictions.


Harassment Charges Disappear!

  • 8 April 2015
Charge(s):

CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment

Allegations:

As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.

Result:

The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.


Spousal Assault, Firearms and Breaches, all Withdrawn

  • 8 April 2015
Charge(s):

CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order

Allegations:

My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.

Result:

Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.


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