Lawyer for the Wrongfully Accused in Edmonton For Your Violent Crimes Case

Violent Crimes: Threats, Assault, Murder Icon

Although we think of crimes of violence as arising from premeditated action, these kinds of incidents often take place in different circumstances where people may be emotional, acting on impulse, or under the influence of drugs or alcohol. Mr. Prithipaul is an Edmonton criminal defence lawyer with more than 20 years’ experience defending violent crimes including assault, assault causing bodily harm, assault with a weapon, aggravated assault, threats, and homicides.

Uttering threats

Uttering threats to cause bodily harm or death is a crime when the person making the threat intends that it be taken seriously.

Assault, assaults causing bodily harm, assault with a weapon, aggravated assault

Assault refers to a wide variety of non-consensual physical contact. In fact, threatening conduct where no physical contact occurs can constitute assault. “Common” or “simple” assault may consist of slapping, pushing, kicking, punching, or grabbing someone. These types of offences can take place in domestic and family situations (eg. husband/wife, boyfriend/girlfriend), or may involve strangers. Domestic violence is taken very seriously by the courts, and can result in charges of assault, threats or mischief, which are punishable by a range of sanctions including jail.

The presence of injuries may justify a charge of assault causing bodily harm. The Criminal Code defines bodily harm broadly as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature”. It sometimes happens that assault causing bodily harm is charged even though the alleged injuries may seem comparatively minor. A substantial interference with physical integrity or well-being is not required.

The use of an object in committing an assault usually means a charge of assault with a weapon, even if the object is not conventionally thought of as such (eg. throwing a telephone at a person could result in a charge of assault with a weapon).

Aggravated assault is laid when the the complainant is wounded, maimed, or disfigured. This is a very serious offence that is punished with severe sentences, usually jail.

Punishment

In general, the penalties for uttering threats and assaults are highly variable and range from discharges through to probation, fines, and/or the imposition of significant jail sentences.

Manslaughter and murder

The most serious offences are those which result in death. Unlawful homicide is defined as manslaughter, second degree murder, or first degree murder. Murder is punished by imprisonment for life.

In basic terms, the difference between the homicide offences is in the level of intent that is required. Death which results from an illegal act such as assault, but where death was not intended, is manslaughter. Murder requires proof of foresight and/or and intent to kill. Mr. Prithipaul has successfully defended both first and second-murder charges.

Consent, or more precisely, the lack of consent, is a key element of these types of cases. Assaults and homicide cases can be very complex. Depending on the circumstances, it can be difficult to prove issues such as the perpetrator’s identity, lack of consent, or causation of injury. Mental health issues can also play a prominent part.

Mr. Prithipaul is an experienced criminal defence lawyer who has defended crimes of violence, including threats, assaults, and murder. Please contact him for advice on how to represent you in the legal system.

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