Successful Assault Defense Trials
R. v. S.D.: A university student was charged with aggravated assault and assault causing bodily harm after a scuffle outside a bar. After the cross-examination of the main witness by Mr. Weisberg, the charges were withdrawn because the prosecution no longer had a reasonable prospect of conviction.
R. v. H.H.: H.H. was charged with assault causing bodily harm after a workplace altercation where a co-worker sustained facial injuries. H.H. intended to argue self-defence, but the trial was delayed. Mr. Weisberg successfully applied for a stay of proceedings due to unreasonable delay, resulting in the charges being stayed, which is effectively equivalent to an acquittal.
R. v. L.T.: L.T., a 20-year-old with no criminal record, faced two counts of assault causing bodily harm after a brawl at a nightclub left two men injured. Prosecutors sought a lengthy jail sentence. Through cross-examination and defence witness testimony, it was established that someone else injured the first complainant, and the second complainant’s credibility was undermined. L.T. successfully argued self-defence and was acquitted of both charges, maintaining a clean criminal record.
R. v. R.R.: R.R., a fraternity member, was charged with mischief and assault causing bodily harm, based on allegations of defacing property and punching the complainant during a confrontation. The complainant’s credibility was successfully attacked during cross-examination, leading the judge to acquit R.R. The defence of self-defence was accepted, and the judge was not convinced that R.R. had defaced the property.
B.S.: B.S., a young woman, was accused of pushing a sales clerk to the ground, causing her to break her wrist, during a dispute at a retail mall. After cross-examination, the credibility of the three store clerks was significantly damaged. B.S. was found not guilty of assault and assault causing bodily harm.
Different Types of Assault Charges in Canada
Simple Assault
Simple assault is a slang term that refers to charges of assault. Assault is charged where there are no serious injuries or weapons used. Assault is the act of applying force to another person without their consent by act or gesture. An assault allegation is usually about an allegation of pushing, slapping or hitting another person. It is the most basic form of assault and does not involve weapons or significant injuries. Weisberg Law Criminal Lawyers LLP has successfully defended numerous clients facing simple assault charges, often achieving withdrawals and acquittals.
Assault Causing Bodily Harm
Assault causing bodily harm involves an attack that results in physical injury to the victim. The injury must be more than trivial or minor. Bodily harm could include serious bruising, cuts, breakages of bones. Weisberg Law Criminal Lawyers LLP has extensive experience defending serious assault charges.
Assault with a Weapon
Assault with a weapon occurs when an individual uses or threatens to use an object during an assault. The weapon can be anything used as a weapon. For example, throwing a television remote at someone without their consent would be assault with a weapon. Common weapons for these types of allegations are knives, bats, and sticks.
Aggravated Assault
Aggravated assault is the most severe form of assault charge (that doesn’t involve death) and involves wounding, maiming, disfiguring, or endangering the life of the victim. Convictions can result in lengthy prison sentences. Weisberg Law Criminal Lawyers LLP has successfully defended clients charged with aggravated assault by challenging the prosecution’s evidence, cross-examining witnesses effectively, and raising critical issues related to self-defence.
Domestic Assault
Domestic assault refers to any form of assault that occurs between individuals in a domestic relationship, such as spouses, partners, or family members. These cases are treated with particular seriousness by the courts due to the nature of the relationship between the parties involved. Convictions can have severe consequences, including criminal records, restraining orders, and implications for child custody and employment.
Weisberg Law Criminal Lawyers LLP has extensive experience defending clients accused of domestic assault. We have successfully challenged allegations by exposing inconsistencies in the complainant’s testimony, highlighting ulterior motives, or demonstrating that the incident was a case of self-defence. Our goal is to protect our client’s rights and mitigate the impact of these serious charges.
Sexual Assault
Sexual assault is a serious charge involving any form of unwanted or non-consensual sexual contact. The offences can range from groping to more severe forms of sexual violence. Weisberg Law Criminal Lawyers LLP has extensive experience in defending sexual assault cases, often focusing on issues of consent and the credibility of the accuser. Our thorough and sensitive approach has led to numerous successful outcomes, including acquittals and withdrawals of charges.
Why Choose Us as Your Criminal Assault Lawyer in Toronto?
Choosing Weisberg Law Criminal Lawyers LLP means entrusting your case to a firm with extensive expertise in assault defence. Our approach is client-focused, meaning we work closely with you to understand the specifics of your case and develop a tailored defence strategy. We excel in identifying weaknesses in the prosecution’s case, whether it’s through challenging the credibility of witnesses, exposing procedural errors, or leveraging expert testimony. Our reputation for achieving favourable outcomes in complex assault cases is built on our deep knowledge of the law and our relentless commitment to protecting our client’s rights. At Weisberg Law, we are dedicated to ensuring the best possible outcome for your case.