FAQs

Frequently Asked Questions

You'll find answers to commonly asked questions here. To discuss the matter further, contact Lisa directly.

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Can a past altercation be used against me in an Assault case?

Yes, previous altercations or incidents can be brought up in court, especially if they are relevant to establishing a pattern of behavior or intent. However, the relevance and admissibility of such evidence will be case dependent.

Is self-defense a valid defense in an Assault charge?

Yes, self-defense is a common defense, but it must be shown that the force used was reasonable and necessary to protect oneself or others — or yours or their property — from harm.

Will an Assault charge affect my ability to find employment?

An Assault conviction may affect job opportunities, particularly in roles requiring a clean criminal record or background check.

Can consent be a defense for a Forcible Confinement charge?

Consent can be a defense if it is established that the alleged victim willingly agreed to the confinement. However, the defense must demonstrate that the consent was given freely, without coercion or manipulation.

How do I get bail for a Forcible Confinement charge?

Bail conditions will depend on the circumstances of the case, criminal history, and perceived risk to the community or the complainant. A lawyer can help negotiate terms that allow for release while awaiting trial.

Can a family dispute lead to Forcible Confinement charges?

Yes, situations like family disputes can result in Forcible Confinement charges if a person is prevented from leaving a space or is restrained against their will, even within the home.

Can I get a diversion program for a first-time Theft charge?

A Criminal Lawyer can help you negotiate diversion programs. This would result in a criminal charge being withdrawn or Stayed, in exchange for the completion of the diversion program.

This might involve participation in community service, writing a letter of apology, or other rehabilitative activities.

How do Theft charges impact my record if I’m a minor?

If convicted, the charge will be recorded under the Youth Criminal Justice Act, which has different rules for handling and sealing juvenile records.

In certain circumstances, a youth record can be used against you as an adult. It may still impact future educational or employment opportunities.

Can I defend myself against Theft charges if I had no intention of stealing?

Lack of intent is a key defense in Theft cases. If it can be shown that there was no intent to permanently deprive the owner of their property (e.g., forgetting to pay), charges may be dropped or reduced.

However, this is almost always occuring as a result of intense negotiations between defence counsel and the crown, as the accused party is unable to speak directly to the crown.

Can insurance cover damages if I’m charged with Mischief?

No, insurance coverage does not generally apply to situations where the person making a claim has been charged criminally.

Will a Mischief charge appear on my permanent record?

Yes, if convicted, a Mischief charge will appear on your criminal record, which could impact employment or travel. Certain conditions, like a discharge, may prevent it from becoming a permanent part of your record.

Can I be charged with Mischief if the property was shared or co-owned?

Yes, you can still face Mischief charges if you damage property that is co-owned or shared with another person, such as jointly owned vehicles or shared living spaces.

Does the type of weapon affect the severity of the charge?

The type of weapon used can significantly impact the charge and penalties. Using a firearm, for example, may lead to additional charges and mandatory minimum sentences.

Can I be charged with Assault with a Weapon if the weapon wasn’t used?

Yes, you can still be charged if the weapon was merely present or brandished in a threatening manner, even if it wasn’t physically used to harm the victim.

Can I get the charges dropped if the alleged victim recants their statement?

The Crown can still pursue the case even if the victim recants. They may rely on other evidence, like witness testimony or physical evidence, to proceed with the charges.

The crown can also still subpoena the alleged victim to testify as a witness even if they recant their statement to police. In addition, the alleged victim can also be charged criminally (after recanting) for providing a false statement.

Does the victim’s medical report play a crucial role in these cases?

Yes, a medical report documenting the extent of the injuries is critical evidence in determining whether the Assault qualifies as "causing Bodily Harm." The report can influence both the charges and sentencing.

Can an injury sustained in self-defense result a charge of Assault causing Bodily Harm?

If injuries occur during self-defense, the court will examine whether the response was proportionate to the threat faced. If deemed excessive, charges of Assault causing Bodily Harm may still apply.

Is it possible to negotiate a lesser charge for Assault causing Bodily Harm?

Yes, depending on the circumstances, legal strategy, and available evidence, it may be possible to negotiate a plea to a lesser charge, like simple Assault, to avoid the severe penalties associated with Bodily Harm.

I am charged with a criminal offence. How long will it take for my case to work its way through the courts?

This is dependent upon the specific charge you are facing, how quickly your disclosure (the Crown's case against you) is made available, and the nature of the outcome being sought. Call Lisa to talk this through in further detail.

How much does it cost to hire a Criminal Lawyer in Toronto?

The cost of hiring a criminal lawyer in Toronto depends on several key factors specific to your case. Case complexity, such as a straightforward mischief charge versus a multifaceted assault with a weapon case, significantly impacts fees. The type and seriousness of the offence, like assault causing bodily harm, require more resources than minor theft, while multiple court dates and extended proceedings in Toronto’s busy courts increase costs. Expert witnesses, such as forensic analysts, private investigations, administrative costs like filing fees, and urgent bail hearings also add to expenses. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss tailored costs for your Toronto case.

How much does it cost to hire a Criminal Lawyer in Acton?

In Acton, a criminal lawyer’s cost varies based on your case’s unique factors. Complexity, like a simple theft charge compared to a complex forcible confinement case, affects fees significantly. Serious offences, such as assault with a weapon, demand more resources than minor mischief, and multiple court appearances in Halton Region courts can raise costs. The need for expert witnesses, investigations, administrative expenses like document preparation, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to explore affordable options for your Acton case.

How much does it cost to hire a Criminal Lawyer in Ajax?

The cost of hiring a criminal lawyer in Ajax hinges on specific case details. Complex cases, such as assault causing bodily harm, require more work than simpler charges like mischief, increasing fees. The type and seriousness of the offence, like forcible confinement, elevate costs compared to minor theft, with multiple court dates in Durham Region adding to expenses. Expert witnesses, private investigations, administrative costs, and urgent bail hearings can further impact the total. Contact Lisa White, a top criminal lawyer, for a free consultation to review costs for your Ajax case.

How much does it cost to hire a Criminal Lawyer in Brampton?

Hiring a criminal lawyer in Brampton involves costs driven by your case’s specifics. Case complexity, such as a minor theft versus a complicated assault case, influences fees. Serious charges, like assault causing bodily harm, require more resources than lesser offences, and prolonged court time with multiple appearances in Peel Region courts increases costs. Expert witnesses, investigations, administrative fees like filing costs, and urgent bail hearings also add up. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss payment options for your Brampton case.

How much does it cost to hire a Criminal Lawyer in Burlington?

The cost of hiring a criminal lawyer in Burlington depends on various case factors. A straightforward mischief charge may cost less than a complex forcible confinement case, impacting fees. Serious offences, such as assault with a weapon, demand greater resources than minor charges, while multiple court dates in Halton Region courts raise expenses. Expert witnesses, private investigations, administrative costs like document fees, and addressing urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to explore costs for your Burlington case.

How much does it cost to hire a Criminal Lawyer in Caledon?

In Caledon, the cost of a criminal lawyer varies based on case-specific elements. Complex cases, like assault with a weapon, require more effort than simpler charges like theft, affecting fees. The type and seriousness of the offence, such as forcible confinement, increase costs compared to minor mischief, with multiple court appearances in Peel Region adding to expenses. Expert witnesses, investigations, administrative fees, and urgent bail hearings also impact the total. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss your Caledon case costs.

How much does it cost to hire a Criminal Lawyer in East York?

The cost of hiring a criminal lawyer in East York depends on your case’s unique factors. Complexity, such as a minor mischief charge versus a multifaceted assault causing bodily harm case, significantly affects fees. Serious offences, like forcible confinement, require more resources than lesser charges, and extended court time in Toronto’s courts increases costs. Expert witnesses, private investigations, administrative expenses like filing fees, and urgent bail hearings also add to the total. Contact Lisa White, a top criminal lawyer, for a free consultation to review costs for your East York case.

How much does it cost to hire a Criminal Lawyer in Etobicoke?

Hiring a criminal lawyer in Etobicoke involves costs based on case specifics. A simple theft charge may be less costly than a complex assault case, impacting fees. Serious charges, such as assault causing bodily harm, demand more resources than minor offences, with multiple court dates in Toronto’s courts raising expenses. Expert witnesses, investigations, administrative costs like document preparation, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss payment options for your Etobicoke case.

How much does it cost to hire a Criminal Lawyer in Georgetown?

The cost of hiring a criminal lawyer in Georgetown varies depending on case complexity. For example, a straightforward mischief charge costs less than a complex forcible confinement case. Serious offences, like assault with a weapon, require more resources than minor theft, and multiple court appearances in Halton Region courts increase fees. Expert witnesses, private investigations, administrative fees, and addressing urgent bail hearings also add to expenses. Contact Lisa White, a top criminal lawyer, for a free consultation to explore costs for your Georgetown case.

How much does it cost to hire a Criminal Lawyer in Pickering?

In Pickering, a criminal lawyer’s cost depends on your case’s unique factors. Complex cases, like assault causing bodily harm, require more preparation than simpler charges like mischief, affecting fees. The type and seriousness of the offence, such as forcible confinement, elevate costs, with multiple court dates in Durham Region courts adding to expenses. Expert witnesses, investigations, administrative costs, and urgent bail hearings also impact the total. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss your Pickering case costs.

How much does it cost to hire a Criminal Lawyer in Markham?

The cost of hiring a criminal lawyer in Markham hinges on specific case details. A minor theft charge may cost less than a complex assault with a weapon case, influencing fees. Serious charges, like forcible confinement, demand more resources than lesser offences, and prolonged court time in York Region courts increases costs. Expert witnesses, private investigations, administrative fees like filing costs, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to review costs for your Markham case.

How much does it cost to hire a Criminal Lawyer in Milton?

Hiring a criminal lawyer in Milton involves costs driven by your case’s complexity. A straightforward mischief charge may be less expensive than a multifaceted assault case, impacting fees. Serious offences, such as assault causing bodily harm, require more resources than minor theft, with multiple court appearances in Halton Region raising expenses. Expert witnesses, investigations, administrative costs like document fees, and urgent bail hearings also add up. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss payment options for your Milton case.

How much does it cost to hire a Criminal Lawyer in Mississauga?

The cost of hiring a criminal lawyer in Mississauga varies based on case-specific factors. Complex cases, like forcible confinement, demand more effort than simpler charges like mischief, increasing fees. The type and seriousness of the offence, such as assault with a weapon, elevate costs, and multiple court dates in Peel Region courts add to expenses. Expert witnesses, private investigations, administrative fees, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to explore costs for your Mississauga case.

How much does it cost to hire a Criminal Lawyer in Newmarket?

In Newmarket, the cost of a criminal lawyer depends on your case’s unique elements. A simple theft charge may cost less than a complex assault causing bodily harm case, affecting fees. Serious charges, like forcible confinement, require more resources than minor offences, with extended court time in York Region courts increasing costs. Expert witnesses, investigations, administrative expenses, and addressing urgent bail hearings also impact the total. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss your Newmarket case costs.

How much does it cost to hire a Criminal Lawyer in North York?

The cost of hiring a criminal lawyer in North York varies based on case specifics. Complex cases, such as assault with a weapon, require more preparation than simpler charges like mischief, raising fees. The type and seriousness of the offence, like assault causing bodily harm, demand more resources, and multiple court dates in Toronto’s courts increase costs. Expert witnesses, private investigations, administrative fees, and urgent bail hearings also add to expenses. Contact Lisa White, a top criminal lawyer, for a free consultation to review costs for your North York case.

How much does it cost to hire a Criminal Lawyer in Oakville?

Hiring a criminal lawyer in Oakville involves costs driven by your case’s complexity. A minor mischief charge may be less costly than a complex forcible confinement case, impacting fees. Serious charges, such as assault with a weapon, require more resources than lesser offences, with multiple court appearances in Halton Region raising expenses. Expert witnesses, investigations, administrative costs like filing fees, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss payment options for your Oakville case.

How much does it cost to hire a Criminal Lawyer in Orangeville?

The cost of hiring a criminal lawyer in Orangeville depends on specific case factors. Complex cases, like assault causing bodily harm, demand more effort than simpler charges like theft, increasing fees. The type and seriousness of the offence, such as forcible confinement, elevate costs, and multiple court dates in Dufferin County courts add to expenses. Expert witnesses, private investigations, administrative fees, and urgent bail hearings also impact the total. Contact Lisa White, a top criminal lawyer, for a free consultation to explore costs for your Orangeville case.

How much does it cost to hire a Criminal Lawyer in Oshawa?

In Oshawa, a criminal lawyer’s cost varies based on your case’s unique factors. A straightforward mischief charge may cost less than a complex assault with a weapon case, affecting fees. Serious offences, like assault causing bodily harm, require more resources than minor theft, with multiple court appearances in Durham Region courts increasing costs. Expert witnesses, investigations, administrative expenses, and addressing urgent bail hearings also add up. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss your Oshawa case costs.

How much does it cost to hire a Criminal Lawyer in Scarborough?

The cost of hiring a criminal lawyer in Scarborough depends on case-specific elements. Complex cases, such as forcible confinement, require more preparation than simpler charges like mischief, raising fees. The type and seriousness of the offence, like assault with a weapon, demand more resources, and prolonged court time in Toronto’s courts increases costs. Expert witnesses, private investigations, administrative fees, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to review costs for your Scarborough case.

How much does it cost to hire a Criminal Lawyer in Vaughan?

Hiring a criminal lawyer in Vaughan involves costs driven by your case’s complexity. A minor theft charge may be less costly than a multifaceted assault causing bodily harm case, impacting fees. Serious charges, like forcible confinement, require more resources than lesser offences, with multiple court appearances in York Region raising expenses. Expert witnesses, investigations, administrative costs, and urgent bail hearings also add to the total. Contact Lisa White, a top criminal lawyer, for a free consultation to discuss payment options for your Vaughan case.

How much does it cost to hire a Criminal Lawyer in Whitby?

The cost of hiring a criminal lawyer in Whitby varies based on your case’s unique factors. Complex cases, like assault with a weapon, demand more effort than simpler charges like mischief, increasing fees. The type and seriousness of the offence, such as assault causing bodily harm, elevate costs, and multiple court dates in Durham Region courts add to expenses. Expert witnesses, private investigations, administrative fees, and urgent bail hearings also contribute. Contact Lisa White, a top criminal lawyer, for a free consultation to explore costs for your Whitby case.

What is an affidavit and how can it help my case?

An affidavit is a written statement you swear is true, used in court to support your side of the story. For victims in cases like domestic violence, an affidavit can clarify misunderstandings, express your wishes, and potentially influence the outcome. Many ask, "How can I get assault charges dropped?" An affidavit is often a key step, providing context or correcting details from your initial statement. It may help your loved one avoid severe penalties like jail time or a criminal record. If you’re searching for an "affidavit lawyer near me," an experienced lawyer can guide you through this process

How much does it cost to get an affidavit prepared?

The cost of preparing an affidavit depends on the complexity, but many lawyers offer transparent pricing. For affidavit services in domestic violence cases, most lawyers would charge a flat fee, covering consultation, guidance, and professional preparation.

If you’re looking for a "lawyer for affidavit near me," Lisa White's affordable rates ensure you get expert support without surprises. A good lawyer will explain all costs upfront, making legal help accessible when you need it most.

Can an affidavit guarantee that charges will be dropped?

No, an affidavit cannot guarantee charges will be dropped—that decision lies with the Crown Attorney and the court. However, a strong affidavit can influence the case by sharing your perspective and clarifying details. Many wonder, "How to get assault charges dropped?" An affidavit is a powerful tool to support your loved one’s defense, though outcomes vary. A skilled lawyer will set realistic expectations and craft an affidavit to maximize its impact.

How can an affidavit help my loved one avoid jail time?

An affidavit can help your loved one avoid jail by presenting your side of the story, potentially leading to reduced or dropped charges. It can also support requests to modify release conditions, like allowing your spouse to return home. If you’re asking, "How to get a domestic assault charge dropped," an affidavit is a critical step. It shows the court your stance and may lessen the punishment. An experienced affidavit lawyer ensures your statement is clear and legally compelling.

What information do I need to provide for an affidavit?

You’ll need to provide details about the incident, your relationship with the accused, and your current wishes about the case. This includes explaining any misunderstandings from your initial statement and your stance on the charges. If you’re considering how to drop an assault charge, your affidavit should state your reasons and context clearly. A lawyer will help you include the right details and gather supporting documents, like communication records, if needed.

Can I avoid a criminal record?

It is absolutely possible to avoid a criminal record when charged with an offence. Many factors will be at play in this determination.

Feel free to contact Lisa to arrange a consultation and you can discuss this with her in further detail.

My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?

A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays.

You may be in a position (depending on your ability to supervise them, your citizenship status, and your financial status) to act as surety for this person and bail them out of jail.

I was released from the police station after having been charged or have received bail after a hearing. What do I do now?

Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.

Can I represent myself?

In Canada, everyone charged with a criminal offence is free to represent themselves if they wish.

However, Lisa advises against it for two main reasons:

  1. If you’re not a lawyer, chances are you are not experienced in the inner workings of the criminal justice system in Canada; and
  2. Even if you are a lawyer, it is extremely difficult to be objective when the case is pertaining to you.

Being objective is an important tool to possess when conducting a criminal case, as it allows you to hypothesize as to the strategy of the opposition.

How do I choose the right lawyer?

Aside from the obvious factors such as price, location of the lawyer’s office, etc., you need to choose a lawyer you are comfortable with. You will need to have the utmost trust in your lawyer, so realistically this is the most important choice you will make when you find yourself in a situation where you have been charged with a criminal offence.

Should I just plead guilty to the charge to get it over with?

You should NEVER plead guilty to a criminal offence without knowing all of the ramifications involved. Lisa will explain everything to you in detail involving the offence that you are charged with, as well as how pleading guilty will affect you.

Lisa will review your case in detail, and if there is a possible defence to the charge based on your situation, she will discuss that with you.

Can I change my bail conditions?

It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.

This is another issue that can be discussed during your initial consultation with Lisa.

Can I still travel and/or cross the border when charged with a criminal offence?

If you do not have a criminal record, you may still be able to cross the border with outstanding charges, depending on a few factors. This is something that Lisa could discuss with you in detail during your consultation.

Can I get my fingerprints and photographs destroyed when my case is over?

Yes, it is possible. If you are found not guilty, or your case is resolved without you getting a criminal record, as your lawyer, she will request that police destroy your fingerprints and photographs.

Can I avoid a criminal record?

It is absolutely possible to avoid a criminal record when charged with an offence. Many factors will be at play in this determination.

Feel free to contact Lisa to arrange a consultation and you can discuss this with her in further detail.

Can I represent myself?

In Canada, everyone charged with a criminal offence is free to represent themselves if they wish.

However, Lisa advises against it for two main reasons:

  1. If you’re not a lawyer, chances are you are not experienced in the inner workings of the criminal justice system in Canada; and
  2. Even if you are a lawyer, it is extremely difficult to be objective when the case is pertaining to you.

Being objective is an important tool to possess when conducting a criminal case, as it allows you to hypothesize as to the strategy of the opposition.

Should I just plead guilty to the charge to get it over with?

You should NEVER plead guilty to a criminal offence without knowing all of the ramifications involved. Lisa will explain everything to you in detail involving the offence that you are charged with, as well as how pleading guilty will affect you.

Lisa will review your case in detail, and if there is a possible defence to the charge based on your situation, she will discuss that with you.

Can I change my bail conditions?

It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.

This is another issue that can be discussed during your initial consultation with Lisa.

Can I get my fingerprints and photographs destroyed when my case is over?

Yes, it is possible. If you are found not guilty, or your case is resolved without you getting a criminal record, as your lawyer, she will request that police destroy your fingerprints and photographs.

My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?

A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays.

You may be in a position (depending on your ability to supervise them, your citizenship status, and your financial status) to act as surety for this person and bail them out of jail.

I was released from the police station after having been charged or have received bail after a hearing. What do I do now?

Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.

Can I change my bail conditions?

It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.

This is another issue that can be discussed during your initial consultation with Lisa.

Can I still travel and/or cross the border when charged with a criminal offence?

If you do not have a criminal record, you may still be able to cross the border with outstanding charges, depending on a few factors. This is something that Lisa could discuss with you in detail during your consultation.

Can a past altercation be used against me in an Assault case?

Yes, previous altercations or incidents can be brought up in court, especially if they are relevant to establishing a pattern of behavior or intent. However, the relevance and admissibility of such evidence will be case dependent.

Is self-defense a valid defense in an Assault charge?

Yes, self-defense is a common defense, but it must be shown that the force used was reasonable and necessary to protect oneself or others — or yours or their property — from harm.

Will an Assault charge affect my ability to find employment?

An Assault conviction may affect job opportunities, particularly in roles requiring a clean criminal record or background check.

Can consent be a defense for a Forcible Confinement charge?

Consent can be a defense if it is established that the alleged victim willingly agreed to the confinement. However, the defense must demonstrate that the consent was given freely, without coercion or manipulation.

How do I get bail for a Forcible Confinement charge?

Bail conditions will depend on the circumstances of the case, criminal history, and perceived risk to the community or the complainant. A lawyer can help negotiate terms that allow for release while awaiting trial.

Can a family dispute lead to Forcible Confinement charges?

Yes, situations like family disputes can result in Forcible Confinement charges if a person is prevented from leaving a space or is restrained against their will, even within the home.

Can I get a diversion program for a first-time Theft charge?

A Criminal Lawyer can help you negotiate diversion programs. This would result in a criminal charge being withdrawn or Stayed, in exchange for the completion of the diversion program.

This might involve participation in community service, writing a letter of apology, or other rehabilitative activities.

How do Theft charges impact my record if I’m a minor?

If convicted, the charge will be recorded under the Youth Criminal Justice Act, which has different rules for handling and sealing juvenile records.

In certain circumstances, a youth record can be used against you as an adult. It may still impact future educational or employment opportunities.

Can I defend myself against Theft charges if I had no intention of stealing?

Lack of intent is a key defense in Theft cases. If it can be shown that there was no intent to permanently deprive the owner of their property (e.g., forgetting to pay), charges may be dropped or reduced.

However, this is almost always occuring as a result of intense negotiations between defence counsel and the crown, as the accused party is unable to speak directly to the crown.

Can insurance cover damages if I’m charged with Mischief?

No, insurance coverage does not generally apply to situations where the person making a claim has been charged criminally.

Will a Mischief charge appear on my permanent record?

Yes, if convicted, a Mischief charge will appear on your criminal record, which could impact employment or travel. Certain conditions, like a discharge, may prevent it from becoming a permanent part of your record.

Can I be charged with Mischief if the property was shared or co-owned?

Yes, you can still face Mischief charges if you damage property that is co-owned or shared with another person, such as jointly owned vehicles or shared living spaces.

Does the type of weapon affect the severity of the charge?

The type of weapon used can significantly impact the charge and penalties. Using a firearm, for example, may lead to additional charges and mandatory minimum sentences.

Can I be charged with Assault with a Weapon if the weapon wasn’t used?

Yes, you can still be charged if the weapon was merely present or brandished in a threatening manner, even if it wasn’t physically used to harm the victim.

Can I get the charges dropped if the alleged victim recants their statement?

The Crown can still pursue the case even if the victim recants. They may rely on other evidence, like witness testimony or physical evidence, to proceed with the charges.

The crown can also still subpoena the alleged victim to testify as a witness even if they recant their statement to police. In addition, the alleged victim can also be charged criminally (after recanting) for providing a false statement.

Does the victim’s medical report play a crucial role in these cases?

Yes, a medical report documenting the extent of the injuries is critical evidence in determining whether the Assault qualifies as "causing Bodily Harm." The report can influence both the charges and sentencing.

Can an injury sustained in self-defense result a charge of Assault causing Bodily Harm?

If injuries occur during self-defense, the court will examine whether the response was proportionate to the threat faced. If deemed excessive, charges of Assault causing Bodily Harm may still apply.

Is it possible to negotiate a lesser charge for Assault causing Bodily Harm?

Yes, depending on the circumstances, legal strategy, and available evidence, it may be possible to negotiate a plea to a lesser charge, like simple Assault, to avoid the severe penalties associated with Bodily Harm.

What is an affidavit and how can it help my case?

An affidavit is a written statement you swear is true, used in court to support your side of the story. For victims in cases like domestic violence, an affidavit can clarify misunderstandings, express your wishes, and potentially influence the outcome. Many ask, "How can I get assault charges dropped?" An affidavit is often a key step, providing context or correcting details from your initial statement. It may help your loved one avoid severe penalties like jail time or a criminal record. If you’re searching for an "affidavit lawyer near me," an experienced lawyer can guide you through this process

How much does it cost to get an affidavit prepared?

The cost of preparing an affidavit depends on the complexity, but many lawyers offer transparent pricing. For affidavit services in domestic violence cases, most lawyers would charge a flat fee, covering consultation, guidance, and professional preparation.

If you’re looking for a "lawyer for affidavit near me," Lisa White's affordable rates ensure you get expert support without surprises. A good lawyer will explain all costs upfront, making legal help accessible when you need it most.

Can an affidavit guarantee that charges will be dropped?

No, an affidavit cannot guarantee charges will be dropped—that decision lies with the Crown Attorney and the court. However, a strong affidavit can influence the case by sharing your perspective and clarifying details. Many wonder, "How to get assault charges dropped?" An affidavit is a powerful tool to support your loved one’s defense, though outcomes vary. A skilled lawyer will set realistic expectations and craft an affidavit to maximize its impact.

How can an affidavit help my loved one avoid jail time?

An affidavit can help your loved one avoid jail by presenting your side of the story, potentially leading to reduced or dropped charges. It can also support requests to modify release conditions, like allowing your spouse to return home. If you’re asking, "How to get a domestic assault charge dropped," an affidavit is a critical step. It shows the court your stance and may lessen the punishment. An experienced affidavit lawyer ensures your statement is clear and legally compelling.

What information do I need to provide for an affidavit?

You’ll need to provide details about the incident, your relationship with the accused, and your current wishes about the case. This includes explaining any misunderstandings from your initial statement and your stance on the charges. If you’re considering how to drop an assault charge, your affidavit should state your reasons and context clearly. A lawyer will help you include the right details and gather supporting documents, like communication records, if needed.

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