Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management
Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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.
Liar Avoids Jail for Sending Police on a Wild Goose Chase
Read moreCharge(s):
CC: 140(1)(c) – Public Mischief
Allegations:
My client called the police and told them that he had been hijacked by a native man, who forced him to drive him around, beat him and robbed him at gun point of his wallet, cell phone, shoes, jacket and wedding ring. The entire Airdrie police force spent the rest of the night scouring the city, searching for this person, to no avail. A composite sketch artist was brought in and a detailed drawing of the suspect was disseminated to the media and to the surrounding law enforcement agencies. The Forensic Identification Unit also got involved. My client provided a detailed account of the incident during a lengthy video-recorded interview with the police. The police expended a great deal of resources to solve this alleged crime. Ultimately, numerous inconsistencies led the police to suspect the veracity of his story and to reinterview him. My client confessed to having made up the entire story, in order to avoid upsetting his wife and employer. As it turns out, he picked up a female hitchhiker on his way back from work, using his company vehicle, and spent the entire evening partying in a hotel room with her, smoking crack cocaine.
Result:
The Crown was outraged and insisted on a jail sentence. He ended up receiving a Conditional Sentence Order and some community service hours. No jail.
