Fight All Kinds Of Assault Charges Pressed Against You With Gerri Wiebe
Have you been a victim of any kind of assault charges and need an experienced assault lawyer to represent and defend your civil rights and liberties using the best of their abilities? Gerri Wiebe is an experienced assault lawyer practicing in Winnipeg, enjoying a highly accomplished reputation as a criminal defense lawyer. Gerri has extensive experience dealing with different types of assault charge cases. She has helped hundreds of clients by successfully defending such charges and avoiding jail time or heavy fines. Her expertise in dealing with assault charges is backed by her dedication and commitment to protecting her client.
What Are Assault Charges?
The basic definition of assault in Canada is the application of force to someone else in a direct or indirect manner, without that person’s consent. The threat of assault is all that is required for an assault charge to be laid – actual injury does NOT have to occur.
The penalties for an assault conviction vary significantly, and depend on a number of factors, including, but not limited to:
- The seriousness of the assault;
- Whether the Crown Prosecutor elects to proceed summarily or by indictment;
- The criminal record of the Accused; and
- The relationship between the parties.
Winnipeg assault law specialist, Gerri Wiebe has defended several criminal assault cases – both simple and complicated. These assault allegations may consist of domestic assault, aggravated assault, sexual assault, assault with a weapon, assault causing bodily harm.
There are a few basic fundamentals that make up an “assault.” For an individual to be convicted of assault law, the Crown Prosecutor must assure the court, beyond a reasonable doubt:
- That the Defendant applied force indirectly or directly to the Complainant
- That the Defended were intentional to apply force
- That the complainant did not consent to the use of force by the accused
If the court happens to be unconvinced beyond a reasonable doubt of each of the factors above, the accused will be pledged not guilty. However, the definition of Assault in the Criminal Code of Canada has recently been updated and now criminalizes “attempts” as well as “threats” of assault.
Gerri has won multiple assault trials. She has also negotiated to have many assault charges withdrawn or stayed by the Crown Prosecutor.
There are several different forms of assault, which vary in seriousness, and therefore in potential consequences:
Simple assault is the most basic type of assault charge. It is typically a punch or a kick, however, any form of non-consensual application of force could result in a criminal charge, including pushing, pulling or spitting.
A simple assault is a hybrid offence. This means that the Crown prosecutor chooses whether the offence will be treated as a less serious summary conviction offence, or a more serious indictable offence. The maximum penalty is imprisonment for 5 years.
Assault Causing Bodily Harm
When an injury is inflicted as a result of an assault, a charge of assault causing bodily harm will be laid. The law requires that the injury be “neither trivial nor transitory”, but a serious injury is not required for a conviction for this offence. Each case is based on its own facts. However, a bruise or cut will often be sufficient.
Assault causing bodily harm is a hybrid offence for which the maximum sentence is imprisonment for 18 months (if prosecuted summarily) or 10 years (if prosecuted by indictment).
Assault With a Weapon
Assault with a weapon is exactly what it sounds like – an act of violence or a threat of violence in which a weapon is used. Stereotypically the weapon is a gun or knife, however, assault with any type of implement, such as a shoe or a pillow is sufficient to result in a charge.
Assault with a weapon is a hybrid offence for which the maximum sentence is imprisonment for 18 months (if prosecuted summarily) or 10 years (if prosecuted by indictment).
When a serious injury occurs as a result of an assault, a charge of aggravated assault will be laid. The legal definition of the injury is where the complainant is “wounded, maimed, disfigured or their life in endangered. Whether a particular injury is captured by this definition will depend on the facts of the specific case.
Aggravated assault is an indictable offence for which the maximum penalty is imprisonment for fourteen years.
Domestic assault is any abuse that happens between people in an intimate relationship, which includes (opposite or same-sex) current or former spouses, common-law partners and dating partners, and relationships between parents (or legal guardians) and children. Domestic assault is not a separate and distinct criminal charge, and therefore a person accused of a domestic assault will be charged with one of the forms of assault previously outlined. It is important to note, however, that when abuse occurs within an intimate relationship, it is considered an aggravating factor in sentencing.
The most common defence to a charge of assault is self-defence. To prove self-defence, the accused must satisfy the court that:
- He or she had reasonable grounds to believe that they were being assaulted; and
- Given the circumstances, the accused’s actions were reasonable.
Why Gerri Wiebe?
Gerri Wiebe – An Experienced and Effective Assault Lawyer in Winnipeg
Have you been a victim of any kind of assault charges and need an experienced assault lawyer to represent and defend your civil rights and liberties using the best of their abilities? Gerri Wiebe is an experienced assault lawyer practicing in Winnipeg, enjoying a highly accomplished reputation as a criminal defense lawyer. Gerri Wiebe has been practicing criminal law in Winnipeg for 16 years and has defended assault charges on behalf of hundreds of clients. She has the experience and knowledge that you need to achieve the best possible result. She has helped hundreds of clients by successfully defending such charges and avoiding jail time or heavy fines. Her expertise in dealing with assault charges is backed by her dedication and commitment to protecting her client.
Looking For The Best Assault Lawyer In Winnipeg? Get In Touch With Gerri Wiebe
Finding the right criminal defence lawyer can be quite a challenge, especially when you are reeling from the stress of criminal charges. Hiring a criminal lawyer means putting your trust in that person, and it’s important that you feel assured that that person will give you the best representation possible. Call Gerri Wiebe today at +1-204-799-5956 for a free consultation and find out if she is the right lawyer for you.