How to Get Assault Charges Dropped

There are various strategies you can employ to persuade the Crown not to pursue charges; however, you should remember that only they have final say over this decision.

Consider seeking professional counseling after being assaulted – such experiences can have profound psychological ramifications that may require extensive healing efforts to come back out unscathed.

Defense attorneys may be able to have assault charges dropped by countering the Crown’s case effectively and carefully.

If you are wondering: how to get assault charges dropped, follow the text further.

Defendants charged with simple assault

If you are charged with simple assault in Canada, there are multiple strategies you can employ to have the charges dismissed. Make your intentions known to both police and prosecutor. Be specific in expressing them; being persistent with this goal increases your odds of success.

Asserting to the Crown that there is no reasonable prospect of conviction can also help. This should take place during pre-trial proceedings and involves challenging evidence against you – including unreliable witnesses, video evidence or presentations by other witnesses.

One way of having charges dropped may be for an alleged victim to recant their testimony through defence counsel, and this change of heart may be considered by the judge and result in reduced charges, possibly leading to conditional discharge (although every case is different). However, this outcome cannot be guaranteed and every situation must be evaluated individually.

Defendants charged with aggravated assault

If you are accused of assaulting another individual, the legal and social repercussions can be serious. A conviction will remain on your record forever, making travel to the US more difficult, renting property harder to come by or getting employment in many fields more likely. As soon as possible it is important to contact an experienced assault defense lawyer in order to protect your interests in defending this charge.

Aggravated assault in Ontario is the most serious form of assault, carrying with it a maximum sentence of 14 years in jail for acts such as wounding, maiming, disfiguring or endangering another individual in their community. As it’s an indictable offense and requires a jury trial.

Defenders often wish for their assault charges to be dismissed; however, in Canada the Crown holds ultimate authority. Although police may not drop charges based on victim wishes alone, there are ways you can express them publicly such as writing to the Crown directly and filing a statutory declaration or affidavit to make your preferences known – for instance writing to them directly, filing a written letter to them directly and filling out a statutory declaration form or affidavit form can all help make your feelings known and could help influence them!

Defendants charged with assault and battery

Canadian law provides that anyone found threatening someone with harm or making contact can be charged with assault and battery, however there are ways that defendants may get these charges dropped: showing they didn’t intend to harm the individual; using force only accidentally or reflexively; or persuading the Crown that their action were in self-defence or protection of another.

A good defence attorney will work to obtain all of the evidence from prosecution and use it in their favour. They may suggest a plea bargain with Crown, which could involve pleading guilty to some assault charges in exchange for having others dropped or reduced charges such as simple assault, aggravated assault or summary offense which will be taken into consideration by judges when determining whether or not to proceed with a trial.

Defendants charged with assault with a weapon

Assault charges with weapons may be dropped if defendants can demonstrate that the assault was not intentional and did not intend to inflict injury upon their victim. They could also attempt to demonstrate that force used was an instinctive response and present witnesses as proof; it’s important to keep in mind, however, that only they have the power to drop charges themselves.

To get charges dropped, it is critical that communication takes place between victim services and the prosecutor – ideally on their first court date – as well as documenting your wishes in writing via letter or statutory declaration – this will ensure they are taken into consideration. Assaulting police officers is a serious offense punishable with up to five years imprisonment.

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