Author Archives: browns

Domestic Assault Charge Withdrawn

Charge(s):

CC: s.266 – Assault

Allegations:

My client got into a heated argument with his wife because he had consumed some beer and she was refusing to let him drive. A witness watched him slap her across the face and called the police.

Result:

I negotiated for the criminal charge to we withdrawn, upon him entering into a peace bond with a condition that he attend for some counseling. No criminal conviction.

Domestic Violence Charge Withdrawn on Trial Day

Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

My client was arguing and fighting with his wife, because he was intoxicated and she was refusing to let him have the car keys. My client was angry and destroying property in the house. As they fought over her purse for the keys, she was thrown around and fell down the stairs. She called the police to remove him from their residence.

Result:

The matter was scheduled for trial because she insisted that he never hit her and that the fight was consensual. The Crown refused to withdraw the charge, insisting instead on a resolution by way of a Peace Bond. My client refused. Come trial day, the complainant (his wife) did not show up. Consequently, the Crown had no evidence to call and the charge against my client was withdrawn. No criminal conviction.

Domestic Violence Charge Withdrawn

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

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.