Khalid Akram

How a Calgary Assault Lawyer Can Defend You Against Assault Charges

Khalid Akram · December 29, 2024 ·

Facing assault charges in Calgary can be overwhelming and life-changing. Assault charges carry significant legal consequences, and a conviction can affect your personal and professional life. Understanding the types of assault charges and how a skilled Calgary assault lawyer can help you navigate the legal process is crucial.

In this article, we break down the common types of assault charges under the Criminal Code of Canada and explore potential defences your lawyer may use.

Types of Assault Charges in Calgary

1. Simple Assault (Section 265 of the Criminal Code)

Definition:
Simple assault involves applying force, or threatening to apply force, to another person without their consent. Even the mere threat of violence can constitute an assault if the victim believes you can carry out the threat.

Legal Implications:

Simple assault is typically prosecuted as a summary conviction offence, though it can be treated as an indictable offence depending on the severity.
Penalties can include fines, probation, or up to 5 years of imprisonment if prosecuted as an indictable offence.

2. Assault with a Weapon (Section 267)

Definition:
This type of assault occurs when a weapon or object is used, or threatened to be used, to cause harm. The weapon doesn’t have to be a conventional one — any object used to intimidate or harm can qualify.

Legal Implications:

This offence is considered more serious than simple assault.
If convicted, you may face up to 10 years of imprisonment if prosecuted as an indictable offence.

3. Aggravated Assault (Section 268)

Definition:
Aggravated assault is the most serious form of non-lethal assault. It involves wounding, maiming, disfiguring, or endangering the life of the victim.

Legal Implications:

This charge is always prosecuted as an indictable offence.
The penalty can be severe, with a maximum sentence of 14 years in prison.

4. Domestic Assault

Definition:
Domestic assault refers to assault committed within a domestic or intimate relationship. This can include spouses, common-law partners, or dating partners. Courts in Calgary treat these cases with added scrutiny due to the breach of trust.

Legal Implications:

Depending on the severity, charges can range from summary conviction to indictable offences.
Convictions often result in strict conditions, such as no-contact orders, mandatory counselling, and potential jail time.

5. Sexual Assault (Section 271)

Definition:
Sexual assault involves any unwanted sexual contact or activity without consent. This category covers a wide range of behaviours, from unwanted touching to violent sexual attacks.

Legal Implications:

The penalties are serious, ranging from 18 months (for summary offences) to 10 years of imprisonment (for indictable offences).
If the victim is under 16 years of age, the penalties increase significantly.

How a Calgary Assault Lawyer Can Defend You

1. Challenging the Evidence

Your lawyer will scrutinize the prosecution’s evidence, identifying inconsistencies, lack of credibility, or procedural errors. This can weaken the Crown’s case or lead to charges being dismissed.

2. Self-Defence

If you acted to protect yourself or someone else, your lawyer can argue self-defence. Under Section 34 of the Criminal Code of Canada, self-defence is a valid legal defence if the force used was reasonable in the circumstances.

3. Consent

In cases of simple assault or sexual assault, your lawyer may argue that the alleged victim consented to the interaction. Proving consent can be complex, but it can lead to an acquittal if successfully demonstrated.

4. Mistaken Identity

If the evidence against you is based on eyewitness testimony, your lawyer may argue mistaken identity. This defence challenges the reliability of the witness’s account.

5. Violation of Charter Rights

If your rights under the Canadian Charter of Rights and Freedoms were violated — such as unlawful arrest, search, or denial of legal counsel — your lawyer can file a motion to exclude evidence or dismiss charges.

6. Plea Bargaining

An experienced Calgary assault lawyer can negotiate with the Crown for reduced charges or penalties, especially if the evidence against you is strong. This can result in lesser consequences, such as probation instead of jail time.

Legal Defences for Assault Charges

When facing assault charges in Calgary, the right legal defence can make a significant difference in the outcome of your case. An experienced Calgary assault lawyer can explore several potential defences under the Criminal Code of Canada and ensure your rights are protected. Here are the key legal defences often used in assault cases:

1. Self-Defence

What It Means:
Under Section 34 of the Criminal Code, self-defence allows you to use reasonable force to protect yourself or others from imminent harm. The key factor is that your response must be proportionate to the threat you faced.

How It’s Proven:
Your lawyer will present evidence that:

You believed you or someone else was at risk of harm.
The force you used was reasonable and necessary under the circumstances.

Example:
If someone in a Calgary bar physically threatened you, and you acted to protect yourself, self-defence may apply.

2. Defence of Property

What It Means:
Under Section 35 of the Criminal Code, you have the right to defend your property from being taken, damaged, or trespassed upon, provided you use reasonable force.

How It’s Proven:
Your lawyer will demonstrate that:

You acted to prevent theft or damage to your property.
The force you used was proportional to the threat posed.

Example:
If someone tried to vandalize your property in your Calgary neighbourhood and you used minimal force to stop them, this defence might apply.

3. Consent

What It Means:
In some cases, the alleged victim may have consented to physical contact. This is often relevant in sports, consensual fights, or situations where contact is expected.

How It’s Proven:
Your lawyer will need to establish:

The alleged victim voluntarily agreed to the physical interaction.
The contact did not exceed the level of consent given.

Example:
If an incident occurred during a hockey game in Calgary where physical contact is common, your lawyer may argue consent was implied.

4. Lack of Intent

What It Means:
For an assault conviction, the Crown must prove you intended to apply force or threaten force. If there was no intent, the charge might not stand.

How It’s Proven:
Your lawyer will show that:

The physical contact was accidental.
There was no deliberate intention to harm or threaten the alleged victim.

Example:
If you accidentally bumped into someone on a crowded Calgary sidewalk, this defence could apply.

5. Mistaken Identity

What It Means:
Eyewitness accounts are not always accurate. If you were misidentified as the perpetrator, this defence challenges the reliability of the identification.

How It’s Proven:
Your lawyer will investigate:

Discrepancies in witness testimony.
Alibis, video footage, or other evidence that support your innocence.

Example:
If a witness in a Calgary street altercation misidentified you, your lawyer can introduce evidence to establish you were elsewhere at the time.

6. Charter Violations

What It Means:
Under the Canadian Charter of Rights and Freedoms, you have rights against unlawful search, seizure, arrest, or detainment. If these rights are violated, your lawyer can seek to have evidence excluded or charges dismissed.

How It’s Proven:
Your lawyer will identify:

Procedural errors by Calgary police or investigators.
Violations of your rights, such as being denied access to legal counsel.

Example:
If Calgary police conducted a search without a warrant or arrested you without reading your rights, this defence may apply.

The Assault Case Process in Calgary

Navigating the assault case process in Calgary can be complex and daunting. An experienced Calgary assault lawyer can guide you through each step, protecting your rights and working towards the best possible outcome. Here’s an overview of what to expect during each stage of the process:

1. Arrest and Charges

What Happens During and After the Arrest:
If Calgary police suspect you of assault, they can arrest you on the spot or issue a summons for you to appear in court. During the arrest, you have the right to:

Be informed of the reason for your arrest.
Remain silent.
Speak to a lawyer without delay.

After the arrest, you may be held in custody or released with conditions. The formal charges will be laid, and a court date will be set for your first appearance.

2. Bail Hearing

Securing Your Release with Reasonable Conditions:
If you are held in custody, a bail hearing (or judicial interim release hearing) will typically occur within 24 hours. Your Calgary assault lawyer will advocate for your release by presenting:

Evidence that you are not a flight risk.
Proposed conditions that address public safety concerns.

Common conditions may include staying away from the alleged victim, a curfew, or attending counselling. If successful, you will be released until your trial.

3. Disclosure of Evidence

Reviewing the Crown’s Evidence with Your Lawyer:
The Crown Prosecutor is obligated to provide your lawyer with full disclosure of the evidence against you. This includes:

Police reports.
Witness statements.
Surveillance footage.
Forensic evidence.

Your Calgary assault lawyer will thoroughly review the disclosure to identify weaknesses in the Crown’s case and develop your defence strategy.

4. Plea Negotiations

Exploring Options for Reduced Charges or Alternative Outcomes:
Before the trial, your lawyer may engage in plea negotiations with the Crown. This process involves:

Discussing potential reductions in charges.
Exploring alternative outcomes, such as diversion programs or conditional sentences.
Weighing the risks of going to trial versus accepting a plea deal.

Plea bargaining can result in a more favourable outcome and avoid the uncertainties of a trial.

5. Trial Preparation

Building Your Case, Gathering Witnesses, and Developing Arguments:
If your case proceeds to trial, your Calgary assault lawyer will begin intensive preparation, which may include:

Interviewing and subpoenaing witnesses.
Gathering supporting evidence and expert testimony.
Developing legal arguments and cross-examination strategies.

Effective trial preparation ensures that you are ready to challenge the Crown’s case and present a strong defence.

6. The Trial

What to Expect During the Trial Process in Calgary Courts:
The trial will take place in a Calgary Provincial Court or a Court of King’s Bench, depending on the severity of the charges. The process typically includes:

Opening Statements: The Crown and defence outline their cases.
Crown’s Case: The Crown presents evidence and witnesses.
Defence’s Case: Your lawyer presents your defence and challenges the Crown’s evidence.
Closing Arguments: Both sides summarize their cases and legal positions.
Judge or Jury Decision: The judge (or jury in some cases) deliberates and delivers a verdict.

Your lawyer will ensure you understand each stage and advocate for your rights throughout the trial.

7. Verdict and Sentencing

Potential Outcomes and Advocating for Lenient Sentencing:
After the trial, the judge will deliver a verdict:

Acquittal: If found not guilty, you are free of the charges.
Conviction: If found guilty, the case proceeds to sentencing.

During sentencing, your Calgary assault lawyer can argue for lenient penalties based on factors such as:

Your lack of prior criminal record.
The circumstances of the offence.
Your personal background and potential for rehabilitation.

Sentences can range from fines and probation to imprisonment, depending on the severity of the assault charge.

Consequences of an Assault Conviction

Being convicted of assault in Calgary can have serious, long-lasting repercussions that extend far beyond the courtroom. The severity of these consequences depends on the nature of the offence, the circumstances surrounding it, and whether it is classified as a summary conviction or an indictable offence under the Criminal Code of Canada. Here’s a detailed look at the potential consequences of an assault conviction:

1. Criminal Record and Its Implications

Permanent Record:
A conviction for assault results in a criminal record, which can have enduring consequences for your personal and professional life. Unlike some misdemeanours, assault charges are viewed seriously under Canadian law.

Impacts of a Criminal Record:

Employment: Many employers in Calgary and across Canada conduct background checks. A criminal record can disqualify you from certain jobs, especially in industries that require trust or security clearance (e.g., healthcare, education, law enforcement).
Professional Licensing: Some professions, such as nursing, teaching, and law, may deny or revoke licences based on a criminal conviction.
Housing: A criminal record can hinder your ability to secure rental housing, as many landlords conduct background checks.
Volunteer Work: Organizations working with vulnerable groups, such as children or seniors, may bar individuals with assault convictions from volunteering.

Record Suspension:
While you can apply for a record suspension (pardon) after a certain period, the process is complex and time-consuming, and it doesn’t erase the record entirely.

2. Jail Time and Fines Based on the Severity of the Offence

The penalties for assault in Calgary vary depending on the type and severity of the charge. The Criminal Code of Canada outlines the following potential consequences:

Simple Assault (Section 265):
- Summary Conviction: Up to 6 months in jail and/or fines up to $5,000.
- Indictable Offence: Up to 5 years in prison.
Assault with a Weapon or Causing Bodily Harm (Section 267):
- Up to 10 years in prison if prosecuted as an indictable offence.
Aggravated Assault (Section 268):
- Up to 14 years in prison if the victim is severely injured or disfigured.
Domestic Assault:
- Penalties depend on the severity but can include jail time, fines, probation, and mandatory counselling programs.
Sexual Assault (Section 271):
- Penalties can range from 18 months for a summary conviction to 10 years for an indictable offence. If the victim is under 16 years of age, minimum sentences apply.

In addition to jail time and fines, the court may impose conditions such as:

Probation Orders
Restraining Orders
Mandatory Anger Management or Counselling Programs

3. Impact on Employment, Education, and Travel

Employment:

Many Calgary employers require a clean background check as part of the hiring process.
Career opportunities in fields like healthcare, education, law enforcement, and finance may be restricted.
Existing jobs may be jeopardized if your role requires a clean record or if you’re unable to meet job requirements due to sentencing or probation conditions.

Education:

Universities and colleges may deny admission to applicants with criminal records.
Certain professional programs (e.g., law, medicine, education) may exclude candidates with assault convictions.
Scholarships and financial aid opportunities may also be limited.

Travel Restrictions:

A criminal record can make it difficult or impossible to travel internationally.
The United States is particularly strict; a conviction for assault may result in being denied entry.
Applying for visas, work permits, or residency in other countries can be challenging or require extensive documentation.

FAQs About Assault Charges in Calgary

Facing an assault charge in Calgary can be overwhelming, and you may have many questions about the legal process and potential outcomes. Below are answers to some of the most frequently asked questions about assault charges in Calgary.

1. What Should I Do if I’m Charged with Assault?

Steps to Take Immediately:

Remain Calm: Do not resist arrest or argue with the police.
Exercise Your Right to Remain Silent: You have the right not to answer questions without a lawyer present. Anything you say can be used against you.
Request a Lawyer: Ask to speak to a lawyer as soon as possible. You can contact a Calgary assault lawyer or request duty counsel if you don’t have a lawyer.
Comply with Conditions: If you are released on bail or with conditions, ensure you follow them strictly to avoid further charges.
Document Everything: Record details of the incident, including witness names and any relevant information, to share with your lawyer.

2. Can an Assault Charge Be Dropped?

Yes, but it Depends on Several Factors:

The Crown Prosecutor has the authority to drop charges if there is insufficient evidence or if proceeding with the case is not in the public interest.
Your Calgary assault lawyer may negotiate with the Crown to have the charges dropped or withdrawn by presenting new evidence, highlighting weaknesses in the case, or agreeing to conditions such as diversion programs or counselling.
In cases involving domestic assault, the Crown may still proceed even if the complainant wants to drop the charges due to the public interest in preventing domestic violence.

3. How Long Does an Assault Case Take in Calgary?

Typical Timelines:
The length of an assault case can vary based on several factors, including the complexity of the case, court availability, and whether the case goes to trial. Generally:

Simple Assault Cases: If resolved through a plea or summary conviction, cases may take 3 to 6 months.
Complex or Indictable Cases: If the case proceeds to trial, it may take 12 months or longer.
Bail Hearings: Usually occur within 24 to 48 hours after arrest.
Disclosure and Pre-Trial Motions: Reviewing evidence and preparing for trial can take several weeks to months.

Your Calgary assault lawyer will help manage timelines and ensure you’re prepared for each stage.

4. What Are the Penalties for an Assault Conviction?

Penalties Vary by the Type of Assault:

Simple Assault (Section 265):
- Summary Conviction: Up to 6 months in jail and/or a fine up to $5,000.
- Indictable Offence: Up to 5 years in prison.
Assault with a Weapon or Causing Bodily Harm (Section 267):
- Up to 10 years in prison if prosecuted as an indictable offence.
Aggravated Assault (Section 268):
- Up to 14 years in prison.
Domestic Assault:
- Sentences vary but may include jail time, probation, mandatory counselling, and no-contact orders.
Sexual Assault (Section 271):
- Summary Conviction: Up to 18 months in jail.
- Indictable Offence: Up to 10 years in prison.

Additional Consequences:

Criminal Record
Employment Restrictions
Travel Limitations
Impact on Professional Licences and Reputation

A skilled Calgary assault lawyer can help you understand the potential penalties specific to your case and work towards minimizing these consequences.

Top Legal Strategies for Defending Against Theft and Fraud Charges in Calgary

Khalid Akram · December 27, 2024 ·

Key Legal Defences for Theft and Fraud Charges

Lack of Intent

Proving There Was No Intent to Deprive or Defraud

One of the most fundamental elements of theft and fraud cases is proving the accused had the intention to commit the crime. In Calgary, a skilled criminal lawyer may argue that the act was a misunderstanding or an honest mistake. For example, if you inadvertently took an item without realizing it belonged to someone else, this could be a valid defence.

To establish lack of intent, your lawyer might present evidence such as:

Witness statements corroborating the absence of malicious intent.
Documentation or communications showing you believed you had a legitimate claim to the property.
Circumstantial evidence illustrating confusion or misunderstanding.

Without clear intent, the prosecution may struggle to prove guilt beyond a reasonable doubt.

Mistaken Identity

Establishing Errors in Identification by Witnesses or Law Enforcement

Mistaken identity is another powerful defence in theft and fraud cases. It is not uncommon for witnesses or even law enforcement officers to wrongly identify a suspect, particularly in stressful situations or when relying on incomplete evidence.

In Calgary, your lawyer may use the following tactics to demonstrate mistaken identity:

Cross-examining witnesses to reveal inconsistencies or doubts in their testimony.
Presenting alibi evidence that places you elsewhere during the alleged incident.
Utilizing surveillance footage, forensic evidence, or expert analysis to dispute the identification.

A successful mistaken identity defence can lead to an acquittal or the dismissal of charges.

Duress or Coercion

Demonstrating Actions Were Taken Under Threat or Pressure

If you were forced or threatened into committing theft or fraud, the defence of duress or coercion could apply. Under Canadian law, duress can be a valid defence if you can show that you acted under immediate threat of harm to yourself or others.

Key elements of a duress defence include:

Evidence of threats or intimidation that left you no reasonable alternative.
Proof that the threat was imminent and credible.
Demonstrating that you reported the coercion to authorities as soon as it was safe to do so.

Your Calgary criminal defence lawyer can help gather evidence such as text messages, emails, or witness testimonies to support this claim.

Consent

Showing That the Property Was Taken or Used with Permission

In cases where consent is a factor, proving that you had permission to take or use the property can be a straightforward and effective defence. Theft charges hinge on the unauthorized taking of property, so if consent is established, the charges may not hold up in court.

Evidence supporting a consent defence might include:

Written or verbal agreements.
Testimonies from the property owner or other witnesses.
Evidence of a history of similar transactions or permissions.

For example, if you borrowed a vehicle or money with the owner’s permission, and the agreement was later misconstrued, this could serve as a strong defence against theft or fraud allegations.

Procedural Defences in Calgary Courts

Charter Rights Violations

Unlawful Search and Seizure or Breaches of the Right to Counsel

In Canada, the Charter of Rights and Freedoms guarantees fundamental protections for individuals facing criminal charges. If your Charter rights were violated during the investigation or arrest process, it could result in the exclusion of evidence or even the dismissal of charges.

Common Charter violations include:

Section 8 Violations: Unlawful search and seizure of property without a warrant or reasonable grounds.
Section 10(b) Violations: Denial of your right to consult with a lawyer promptly after arrest.

A Calgary defence lawyer will scrutinize the actions of law enforcement to identify any breaches and may file a Charter application to exclude improperly obtained evidence.

Improper Evidence Handling

Challenging the Integrity of the Evidence

Evidence handling procedures are critical in any criminal case. If the police or prosecution mishandled evidence, it could compromise the integrity of the case against you. Improper handling might include:

Contaminated or improperly stored evidence.
Breaks in the chain of custody, making it unclear who had possession of the evidence at various stages.
Failure to follow standard procedures during the collection or analysis of evidence.

Your defence lawyer can challenge the admissibility of such evidence, which may weaken the prosecution’s case.

Lack of Disclosure

Failure of the Prosecution to Disclose Key Evidence

The Crown has a duty to disclose all relevant evidence to the defence, including evidence that may be favourable to your case. If the prosecution fails to disclose key information, it can hinder your ability to mount an effective defence.

Examples of non-disclosure include:

Withholding witness statements or surveillance footage.
Failure to provide forensic reports or expert analysis.
Delayed or incomplete disclosure of evidence.

In Calgary, a defence lawyer can file a motion to address disclosure violations, which may lead to a stay of proceedings or the exclusion of certain evidence.

Unreasonable Delays

Protecting Your Right to a Timely Trial

Section 11(b) of the Charter guarantees the right to be tried within a reasonable time. If there are significant delays in bringing your case to trial, it could infringe on this right. In the landmark R v. Jordan case, the Supreme Court established clear guidelines for acceptable delays:

18 months for provincial court trials.
30 months for superior court trials.

If your trial has experienced unreasonable delays, your lawyer can file an application to have the charges stayed (dismissed) due to a breach of your right to a timely trial.

Negotiating Resolutions and Plea Bargains

When Plea Bargains May Be Appropriate

In some theft and fraud cases, pursuing a plea bargain may be a more strategic option than going to trial. A plea bargain involves negotiating with the Crown prosecutor to agree on a lesser charge or reduced penalty in exchange for a guilty plea. This approach may be appropriate when the evidence against you is strong, and the risk of a severe penalty at trial is high.

Plea bargains are particularly common when:

The accused has no prior criminal record.
The offence is relatively minor.
There are mitigating factors, such as restitution or cooperation with authorities.

How a Skilled Lawyer Can Negotiate Reduced Charges or Alternative Sentencing

A knowledgeable Calgary defence lawyer can leverage their experience to negotiate favourable terms in a plea bargain. This might include:

Reducing Charges: Convincing the Crown to lower the charge from fraud to a lesser offence, such as mischief.
Alternative Sentencing: Arranging for community service, restitution, or conditional discharge instead of jail time.
Minimizing Penalties: Negotiating for a lighter sentence, such as probation instead of incarceration.

Your lawyer’s ability to present mitigating circumstances, character references, and evidence of rehabilitation can play a critical role in securing a beneficial plea agreement.

The Benefits of Early Resolution versus Going to Trial

Opting for an early resolution through a plea bargain can offer several advantages, including:

Reduced Stress: Avoiding the emotional and financial burden of a lengthy trial.
Certainty: Knowing the outcome and avoiding the unpredictability of a jury or judge’s verdict.
Faster Resolution: Resolving the case more quickly, allowing you to move on with your life.
Lower Costs: Reducing legal fees associated with a full trial.

Building a Strong Defence Strategy

Gathering Evidence and Witness Testimonies

A strong defence starts with comprehensive evidence collection. Your lawyer will gather statements from witnesses who can support your case and provide crucial context. This might include eyewitnesses, character references, or individuals who can attest to your whereabouts during the alleged offence. In Calgary, collaborating with local investigators can uncover critical details that may challenge the prosecution’s case.

Expert Witnesses and Forensic Analysis

In theft and fraud cases, expert witnesses can provide insights that bolster your defence. Forensic accountants, digital forensics experts, or handwriting specialists can help interpret complex evidence and identify inconsistencies in the Crown’s case. For instance, a forensic accountant may demonstrate that discrepancies in financial records were due to errors, not fraud.

Developing a Credible Alibi

A credible alibi can be a powerful defence against theft and fraud charges in Calgary. Establishing that you were elsewhere when the alleged offence took place can create reasonable doubt in the prosecution’s case. To build a strong alibi, your lawyer may gather:

Witness Statements: Testimonies from people who can confirm your presence at a different location during the incident.
Digital Evidence: Timestamped emails, social media posts, text messages, or phone records that establish your location.
Receipts and Transaction Records: Evidence such as bank statements, purchase receipts, or restaurant bills that document your activities.

Your Calgary defence lawyer will ensure the alibi is consistent, verifiable, and supported by reliable evidence to maximize its effectiveness in court.

Reviewing Surveillance and Digital Evidence

Surveillance footage and digital evidence often play a crucial role in theft and fraud cases. A thorough review of this evidence can reveal inaccuracies or inconsistencies that benefit your defence. Your lawyer may:

Examine CCTV Footage: Analyse video recordings from the scene of the alleged offence to identify potential discrepancies or exonerating details.
Review Digital Communications: Investigate emails, text messages, and other digital records to challenge the prosecution’s claims or provide context that supports your innocence.
Assess Metadata: Evaluate the date, time, and origin of digital files to confirm their authenticity and accuracy.

Importance of Hiring a Local Calgary Defence Lawyer

Understanding Calgary’s Legal System and Courts

A local Calgary defence lawyer possesses an in-depth understanding of the Calgary legal system, including the specific procedures and expectations of the Calgary Courts Centre and the Provincial Court of Alberta. Familiarity with local judges, Crown prosecutors, and court staff can provide valuable insights that can shape your defence strategy.

How Local Experience Can Influence Case Outcomes

A lawyer who regularly practices in Calgary is more likely to be aware of local case precedents, sentencing trends, and the preferences of judges. This local knowledge can help in negotiating plea deals, selecting the best defence approach, and anticipating prosecution tactics.

Key Traits to Look for in a Calgary Criminal Defence Lawyer

When choosing a defence lawyer in Calgary, consider the following traits:

Experience: Proven track record in handling theft and fraud cases.
Reputation: Positive reviews and recommendations from former clients.
Communication Skills: Ability to explain complex legal concepts clearly.
Availability: Accessibility and commitment to your case.
Local Knowledge: Familiarity with Calgary’s courts, legal processes, and key players.

Hiring a local lawyer ensures you have someone who understands both the nuances of your case and the specifics of Calgary’s legal environment.

Consequences of a Conviction and How to Avoid Them

Long-Term Impact on Employment, Travel, and Reputation

A conviction for theft or fraud in Calgary can have far-reaching consequences that extend beyond fines and jail time. These may include:

Employment: Many employers conduct background checks. A criminal record can limit your job opportunities, especially in industries like finance, retail, or any role requiring trust and responsibility.
Travel: Certain countries, including the United States, may deny entry to individuals with criminal records. This can impact personal travel plans and professional opportunities.
Reputation: A conviction can damage your standing in the community, affecting relationships, social networks, and future prospects.

How a Solid Defence Can Mitigate or Avoid These Consequences

Building a strong defence with an experienced Calgary criminal defence lawyer is crucial to minimizing or avoiding these impacts. Your lawyer can:

Negotiate Alternative Outcomes: Pursue plea deals or diversion programs that avoid a criminal conviction.
Seek Conditional or Absolute Discharges: These outcomes allow you to avoid a formal conviction if certain conditions are met.
Challenge the Evidence: Identify weaknesses in the prosecution’s case to seek acquittal or dismissal of charges.
Advocate for Rehabilitation: Present evidence of character, remorse, and rehabilitation efforts to argue for leniency in sentencing.

By taking proactive steps and working with a knowledgeable local lawyer, you can protect your future and reduce the lasting effects of a conviction.

FAQs About Defending Against Theft and Fraud Charges in Calgary

1. What should I do if I’m charged with theft or fraud in Calgary?

If you are charged with theft or fraud in Calgary, it’s crucial to stay calm and exercise your right to remain silent. Do not provide statements to the police without consulting a lawyer. Contact an experienced Calgary criminal defence lawyer immediately to help protect your rights and begin building a strong defence.

2. Can theft or fraud charges be dropped?

Yes, theft or fraud charges can be dropped under certain circumstances. This may happen if the evidence is insufficient, your Charter rights were violated, or the Crown prosecutor determines it’s not in the public interest to proceed. A skilled Calgary defence lawyer can negotiate with the Crown to seek a withdrawal or dismissal of charges.

3. How long does a theft or fraud case take to resolve?

The duration of a theft or fraud case in Calgary can vary depending on factors like the complexity of the case, the availability of evidence, and court scheduling. Simple cases may resolve within a few months, while more complex cases could take a year or longer. Your lawyer can provide a more accurate timeline based on your specific situation.

4. What are my rights if I’m accused of theft or fraud?

If you are accused of theft or fraud in Calgary, you have several rights under the Canadian Charter of Rights and Freedoms, including:

The Right to Remain Silent: You are not obligated to answer questions from the police.
The Right to Legal Counsel: You can speak to a lawyer before giving any statements.
The Right to a Fair Trial: You are presumed innocent until proven guilty beyond a reasonable doubt.
Protection Against Unlawful Search and Seizure: Police must have legal grounds to search your property.

Understanding and asserting these rights can be critical to protecting yourself during the legal process.

Plea Bargains in Calgary: When Are They a Good Idea?

Khalid Akram · December 25, 2024 ·

What is a Plea Bargain?

A plea bargain is a negotiated agreement between the prosecution and the defence where the accused agrees to plead guilty in exchange for certain concessions.

Types of Plea Bargains

There are three primary types of plea bargains used in Calgary and across Canada:

1. Charge Bargaining

Charge bargaining involves negotiating to reduce or change the charges against the accused. In this type of bargain, the Crown prosecutor may agree to drop or amend certain charges if the accused agrees to plead guilty to a lesser offence. For example, someone initially charged with assault causing bodily harm might plead guilty to simple assault instead.

When is Charge Bargaining a Good Idea?

When the evidence for the original charge is strong, and a conviction is likely.
When a reduced charge carries less severe penalties and fewer long-term consequences.
When avoiding a trial reduces legal fees and emotional stress.

2. Sentence Bargaining

Sentence bargaining involves an agreement on a lighter sentence in exchange for a guilty plea. Instead of facing the maximum penalty, the accused might receive a reduced sentence, such as probation, community service, or a shorter jail term.

Example: Instead of a potential 5-year prison sentence, the accused may agree to a 2-year sentence with the possibility of parole.

When is Sentence Bargaining a Good Idea?

When the accused wants to avoid the uncertainty of a harsher sentence after a trial.
When the accused acknowledges guilt and seeks leniency.
When reducing time spent in the corrections system is a priority.

3. Fact Bargaining

Fact bargaining involves agreeing to specific facts in exchange for the prosecution not presenting more damaging facts or evidence. This type of plea bargain can limit the severity of charges or reduce the stigma associated with the offence.

Example: An accused may agree to admit possession of a controlled substance, avoiding the presentation of evidence suggesting intent to traffic.

When is Fact Bargaining a Good Idea?

When certain facts, if proven, could lead to significantly harsher charges or penalties.
When the accused wants to protect their reputation or avoid details that could impact employment or personal life.
When mitigating the overall impact of the case is important.

The Plea Bargain Process in Calgary

Understanding the plea bargain process in Calgary helps the accused and their legal counsel navigate the system effectively. Here’s a step-by-step breakdown of how plea bargains are negotiated and approved in Calgary’s courts.

1. Initial Negotiations

The plea bargain process begins with initial negotiations between the Crown prosecutor and the Calgary defence lawyer. These discussions typically occur after the initial court appearance and once both parties have had the opportunity to review the evidence. The defence may propose a plea deal, or the Crown may offer one based on the strength of the case.

Key factors that influence these discussions include:

The seriousness of the charges.
The strength of the evidence against the accused.
The accused’s criminal history (if any).
The willingness of the accused to take responsibility for their actions.

These initial negotiations are critical, as they set the foundation for the potential agreement. In Calgary, plea bargains are often pursued to achieve a fair and efficient resolution.

2. Evaluating the Offer

Once a plea bargain offer is on the table, the defence lawyer will evaluate the offer by weighing the strengths and weaknesses of the case. This evaluation includes:

Strength of Evidence: How strong is the Crown’s case? Are there witnesses or evidence that might weaken the prosecution’s argument?
Potential Consequences: What are the risks of going to trial versus accepting the plea deal?
Client’s Interests: Does the plea offer align with the accused’s goals, such as avoiding jail time or minimizing a criminal record?

Defence lawyers in Calgary will often consult with their clients to ensure they fully understand the implications of the plea offer before making a decision.

3. Court Approval

Even if the Crown and defence agree on a plea bargain, the final step is court approval. The judge must review the plea agreement to ensure it is fair, just, and in the public interest.

In Calgary, judges have the authority to:

Accept the Plea: If the agreement is reasonable, the judge will approve it and proceed with sentencing.
Reject the Plea: If the judge believes the agreement is too lenient or inappropriate, they may reject it and suggest further negotiations.

Judges consider factors such as:

The severity of the crime.
The interests of justice and public safety.
The accused’s remorse and willingness to rehabilitate.

Court approval ensures that plea bargains maintain the integrity of the Canadian legal system while balancing efficiency with fairness.

Factors to Consider When Deciding on a Plea Bargain

Deciding whether to accept a plea bargain is a critical choice. In Calgary, several factors should be carefully weighed before making this decision.

1. Strength of Evidence Against You

Consider the strength of the prosecution’s evidence. If the Crown has strong evidence, such as witness testimony, forensic data, or video recordings, a plea bargain might be preferable to risking a conviction at trial.

2. Potential Penalties if Convicted at Trial

Evaluate the potential penalties you could face if convicted at trial. For serious offences in Calgary, penalties can include lengthy jail sentences, hefty fines, and other severe consequences. A plea bargain can help mitigate these risks.

3. Impact on Criminal Record

A conviction can leave a lasting mark on your criminal record, affecting future employment, travel, and personal opportunities. Sometimes, a plea bargain can result in a lesser offence, reducing the long-term impact on your record.

4. Time and Cost of a Trial

Trials can be time-consuming and expensive. Legal fees, court appearances, and the potential for a lengthy trial can add financial and emotional strain. A plea bargain may resolve the matter more quickly and cost-effectively.

5. Emotional and Personal Considerations

Facing a criminal trial can be emotionally taxing for you and your family. The stress, uncertainty, and public exposure of a trial can take a significant toll. A plea bargain may provide closure and allow you to move forward more quickly.

When is a Plea Bargain a Good Idea?

1. When the Evidence is Strong

If the evidence against you is substantial, a plea bargain can help reduce the risk of receiving a harsher sentence at trial. In Calgary’s courts, Crown prosecutors often offer reasonable plea deals when they are confident in their case, making it a strategic choice to accept a reduced charge or sentence.

2. To Avoid Lengthy Trials

Trials can be lengthy and demanding, both financially and emotionally. In Calgary, resolving a case through a plea bargain can expedite the process, allowing you to avoid the stress and uncertainty of a prolonged trial.

3. When a Lighter Sentence is Offered

Negotiating for a lighter sentence can be beneficial, especially if the potential penalties at trial are severe. Plea bargains can lead to outcomes such as probation, community service, or reduced jail time, making them a valuable option for minimizing consequences.

4. To Protect Privacy

Sensitive cases, such as those involving personal matters or reputational risks, can benefit from a plea bargain to limit public exposure. Trials in Calgary are generally open to the public, and accepting a plea deal can help maintain privacy and reduce unwanted attention.

When to Avoid a Plea Bargain?

1. If the Case Against You is Weak

If the evidence against you is weak or unreliable, there may be a strong chance of acquittal at trial. In Calgary, a skilled defence lawyer can assess the weaknesses in the Crown’s case, such as contradictory witness testimony, lack of forensic evidence, or procedural errors. When the likelihood of winning at trial is high, accepting a plea bargain might not be in your best interest.

2. If You’re Innocent

Pleading guilty when you are innocent can have severe and lasting consequences, including a criminal record, loss of reputation, and personal hardship. While a plea bargain may seem like a quick way to resolve the case, it involves admitting guilt. In Calgary’s legal system, if you have a solid defence and maintain your innocence, it may be worth pursuing a trial to clear your name rather than accepting a plea deal.

3. When the Terms are Unreasonable

If the plea deal doesn’t offer significant benefits or the proposed terms are too harsh, it may be better to go to trial. For example, if the plea bargain still results in severe penalties similar to what you might receive after a trial, accepting it offers little advantage. In Calgary, experienced defence lawyers can negotiate better terms or recommend proceeding to trial if the deal is not fair or just.

Consequences of Accepting a Plea Bargain

Criminal Record and Its Impact on Employment and Travel

Accepting a plea bargain typically results in a criminal record, which can have lasting repercussions. In Calgary, having a criminal record may:

Affect Employment: Many employers conduct background checks, and a criminal record may limit job opportunities, particularly in fields like healthcare, finance, education, and government services.
Restrict Travel: Certain countries, including the United States, may deny entry to individuals with criminal records. This can impact personal travel, business trips, and family visits.
Limit Professional Licences: Professions requiring licences, such as law, medicine, and trades, may be affected by a criminal record.

Potential Penalties and Sentences

By accepting a plea bargain, you agree to the penalties outlined in the deal. These may include:

Fines: Financial penalties that must be paid to the court.
Probation: Supervised conditions that restrict your activities.
Community Service: Unpaid work in the community.
Jail Time: Depending on the severity of the offence, you may serve time in a provincial or federal institution.

It is essential to understand that the agreed-upon sentence becomes final once the plea is accepted.

Waiving the Right to Trial

Accepting a plea bargain means waiving your right to a trial. This is a serious decision, as you forfeit the opportunity to:

Challenge Evidence: Present a defence and question the prosecution’s case.
Seek Acquittal: Have a judge or jury determine your innocence.
Appeal a Conviction: In most cases, pleading guilty limits your right to appeal.

This waiver can be particularly significant if new evidence emerges or if procedural errors occurred during your case.

FAQs About Plea Bargains in Calgary

1. Can a Plea Bargain Be Withdrawn?

In some cases, a plea bargain can be withdrawn before it is formally accepted by the court. However, once the judge has accepted the plea and sentencing has occurred, withdrawing the plea becomes very difficult. Consulting an experienced criminal defence lawyer in Calgary is essential if you are considering withdrawing a plea.

2. Does Accepting a Plea Bargain Mean a Criminal Record?

Yes, accepting a plea bargain generally results in a criminal record. Depending on the nature of the offence, this can impact your employment opportunities, ability to travel (especially to the United States), and eligibility for certain professional licences. Understanding these long-term consequences is crucial before accepting a deal.

3. Can a Judge Reject a Plea Deal?

Yes, a judge in Calgary has the authority to reject a plea deal if they believe it is too lenient, not in the public interest, or fails to adequately reflect the severity of the crime. In such cases, the defence and Crown may need to renegotiate or proceed to trial.

4. How Long Does the Plea Bargaining Process Take?

The length of the plea bargaining process varies depending on the complexity of the case and the willingness of both parties to negotiate. In Calgary, it can take anywhere from a few weeks to several months. Factors such as the volume of evidence, court schedules, and legal strategy can influence the timeline.

The Legal Process for Sexual Assault Cases in Calgary | Step-by-Step Guide

Khalid Akram · December 23, 2024 ·

Step-by-Step Legal Process for Sexual Assault Cases

1. Initial Complaint and Police Investigation

The process begins when an individual reports a sexual assault to the Calgary Police Service (CPS). This can be done at a police station, by calling 911, or through CPS’s online reporting system in certain cases.

How Complaints Are Reported and Investigated:
After the initial complaint, officers will gather details and open a formal investigation. This often includes taking statements from the complainant, potential witnesses, and the accused.
Collection of Evidence:
Investigators may collect various forms of evidence, such as:
- Medical examination reports (SANE kits).
- Forensic evidence (DNA, fingerprints).
- Digital evidence (text messages, emails).

The thoroughness of this stage is crucial, as it lays the groundwork for potential charges.

2. Arrest and Bail Hearing

If sufficient evidence supports the complaint, the police may arrest the accused.

What Happens After an Arrest:
After the arrest, the accused is informed of their rights, including the right to a criminal defence lawyer in Calgary. The accused is usually taken into custody and may remain there until a bail hearing.
The Bail Hearing Process:
A bail hearing typically takes place within 24 hours of the arrest. In Calgary, this is conducted at the Calgary Courts Centre. The judge determines:
- Whether the accused should be released.
- The conditions for release (e.g., no contact orders, curfews, travel restrictions).

If bail is denied, the accused remains in custody until trial or further hearings.

3. Laying of Charges and First Court Appearance

The Crown Prosecutor decides if there is enough evidence to formally lay charges.

Understanding the Formal Charges:
The charges are read to the accused during the first court appearance. This step is critical, as it sets the legal process in motion.
Role of the First Court Appearance:
During this appearance, the accused is informed of the charges, and options for plea (guilty or not guilty) are discussed. If the accused pleads not guilty, the case proceeds to the next stages.

4. Disclosure of Evidence

Prosecution’s Duty of Disclosure:
The Crown must provide the defence with all relevant evidence, including:
- Police reports.
- Witness statements.
- Forensic evidence.
Reviewing Evidence with Your Lawyer:
A criminal defence lawyer in Calgary will thoroughly review the disclosure to identify weaknesses in the prosecution’s case and formulate defence strategies.

5. Pre-Trial Motions and Hearings

Pre-trial motions are legal requests or arguments made before the trial begins.

Charter Applications:
If the defence believes the accused’s Charter rights were violated (e.g., unlawful search, improper questioning), they may file applications to exclude certain evidence.
Seeking to Exclude Evidence or Dismiss Charges:
Your lawyer may argue to have evidence thrown out or the charges dismissed if procedural errors occurred.

6. Preliminary Inquiry (If Applicable)

For serious sexual assault cases, a preliminary inquiry may occur.

Determining Evidence for Trial:
The preliminary inquiry helps the court decide if there is enough evidence to proceed to a full trial.
Role of the Preliminary Inquiry:
This stage acts as a filter for weak cases and provides an early look at the evidence, allowing the defence to better prepare.

7. Trial Process

The trial is where the evidence is fully examined, and a verdict is reached.

Jury Trial vs. Judge-Only Trial:
In Calgary, the accused may choose between a jury trial (for more serious cases) or a judge-only trial.
Presentation of Evidence:
- The Crown presents its case first, including witness testimonies and evidence.
- The defence can cross-examine witnesses and present its own evidence.
Defence Strategies:
Your lawyer may argue mistaken identity, consent, or question the reliability of the evidence to establish reasonable doubt.

8. Verdict and Sentencing

After the trial, the court delivers a verdict.

Possible Outcomes:
- Acquittal: The accused is found not guilty.
- Conviction: The accused is found guilty.
- Dismissal: The charges are dropped due to lack of evidence or procedural issues.
Sentencing Guidelines:
If convicted, sentencing considers factors such as:
- The severity of the offence.
- Aggravating or mitigating circumstances.
- Impact on the victim.

Sentences may range from probation and fines to lengthy imprisonment.

Legal Rights of the Accused in Calgary

When facing sexual assault charges in Calgary, the accused has specific legal rights designed to ensure fairness and protect individual liberties. These rights are enshrined in the Canadian Charter of Rights and Freedoms and are fundamental to the justice system. Understanding these rights can help the accused navigate the legal process effectively with the assistance of a qualified Calgary criminal defence lawyer.

Right to a Fair Trial

In Calgary, every individual accused of a crime, including sexual assault, has the right to a fair and public trial. This right ensures that:

Presumption of Innocence: The accused is presumed innocent until proven guilty beyond a reasonable doubt.
Impartial Judge or Jury: The trial is conducted by an impartial judge or, in more serious cases, a jury.
Timely Proceedings: The accused has the right to be tried within a reasonable timeframe, as delays can violate the right to a fair trial.
Presentation of Evidence: Both the prosecution and defence can present evidence, call witnesses, and cross-examine the opposing side’s witnesses.

A fair trial ensures that the legal process in Calgary upholds justice and integrity, giving the accused every opportunity to defend against the charges.

Right to Legal Counsel

The right to legal counsel is fundamental for anyone accused of sexual assault in Calgary. This right guarantees that:

Access to a Lawyer: Upon arrest, the accused has the right to speak to a lawyer without delay.
Legal Advice: The accused can seek advice on how to respond to police questioning and the steps to take throughout the legal process.
Duty Counsel Services: If the accused cannot afford a lawyer, free legal assistance is available through duty counsel, provided by Legal Aid Alberta.
Right to Counsel During Proceedings: The accused can have a lawyer present during interviews, court appearances, and throughout the trial.

Having an experienced Calgary criminal defence lawyer can make a significant difference in navigating the complexities of sexual assault cases.

Right to Remain Silent

The right to remain silent is a critical protection for the accused during a sexual assault investigation in Calgary. This right includes:

No Obligation to Speak: The accused is not required to answer questions from the police or Crown prosecutors.
Avoiding Self-Incrimination: Anything the accused says may be used as evidence, so exercising the right to remain silent can protect against self-incrimination.
Informed of This Right: Upon arrest, police are legally required to inform the accused of their right to remain silent and to consult with a lawyer.

The accused can assert this right at any point during the investigation or trial, and doing so cannot be used as evidence of guilt.

Protection from Unlawful Search and Seizure

Under the Canadian Charter of Rights and Freedoms, individuals in Calgary are protected against unlawful search and seizure. This right ensures that:

Warrants Are Required: Police generally need a search warrant issued by a judge to search the accused’s property, electronic devices, or personal belongings.
Limits on Police Powers: Searches conducted without a warrant must meet strict legal standards (e.g., exigent circumstances) to be valid.
Exclusion of Evidence: If evidence is obtained through an unlawful search, a defence lawyer may file a Charter application to have that evidence excluded from trial.

This protection helps safeguard the privacy rights of individuals accused of sexual assault in Calgary and ensures that law enforcement follows proper legal procedures.

Defences Against Sexual Assault Charges in Calgary

1. Consent

Consent is one of the most common and powerful defences in sexual assault cases in Calgary.

Definition of Consent:
In Canadian law, consent is defined as the voluntary agreement to engage in sexual activity. The consent must be given by a person who is capable of understanding the nature of the act. It must also be continuous, meaning it can be withdrawn at any point.
Establishing Consent as a Defence:
To use this defence, the accused must show that the complainant consented to the sexual activity at the time it occurred. Evidence supporting consent can include:
- Text messages or emails.
- Witness testimonies.
- Behaviour and context leading up to the incident.
Limitations on Consent:
Consent is not valid if it was obtained through:
- Coercion or threats.
- Fraud or deception.
- The complainant was incapacitated (e.g., due to alcohol, drugs, or unconsciousness).

A knowledgeable Calgary criminal lawyer can help gather and present evidence to establish consent effectively.

2. Mistaken Belief in Consent

Another potential defence is a mistaken belief in consent. This defence applies when the accused genuinely, albeit mistakenly, believed that the complainant had consented to the sexual activity.

Proving an Honest but Mistaken Belief:
To succeed with this defence, the accused must show that:
- They honestly believed consent was given.
- This belief was reasonable based on the circumstances.
- They took reasonable steps to ascertain consent.
Exclusions to This Defence:
The defence of mistaken belief in consent cannot be used if:
- The belief was due to the accused’s self-induced intoxication.
- The accused was wilfully blind or reckless about whether consent was given.

This defence requires meticulous analysis of communication and interactions, which a Calgary sexual assault lawyer can help dissect and present.

3. Credibility and Reliability of Witnesses

In many sexual assault cases, the outcome heavily depends on the credibility and reliability of witness testimonies, including the complainant’s statements.

Challenging Inconsistencies:
Defence lawyers often scrutinize witness statements to identify:
- Contradictions between different statements.
- Discrepancies between statements and physical evidence.
- Delays in reporting the incident or changes in the account over time.
Cross-Examination:
During the trial, the defence can cross-examine witnesses to highlight:
- Memory lapses or inconsistencies.
- Possible motives to fabricate or exaggerate claims.
- Bias or prior relationships that may influence testimony.
Expert Witnesses:
In some cases, expert witnesses may be called to challenge the reliability of forensic evidence or psychological factors influencing memory.

A skilled Calgary defence lawyer can effectively challenge witness credibility, potentially weakening the Crown’s case.

4. Alibi Defence

An alibi defence involves proving that the accused was elsewhere when the alleged sexual assault took place.

Providing Evidence of Alibi:
To establish an alibi, the accused must present evidence showing they could not have committed the alleged offence. This evidence may include:
- Testimonies from witnesses who saw the accused at a different location.
- Receipts, security footage, or digital records (e.g., GPS data, phone records) confirming the accused’s whereabouts.
Disclosure Requirements:
The defence must disclose the intention to use an alibi to the Crown before the trial. Failure to do so can result in the alibi evidence being excluded.
Strength of the Alibi:
A strong, corroborated alibi can significantly undermine the prosecution’s case and may lead to an acquittal.

FAQs About Sexual Assault Cases in Calgary

1. What Should I Do if I’m Accused of Sexual Assault?

If you are accused of sexual assault in Calgary, it’s crucial to take immediate steps to protect your rights:

Remain Calm: Do not panic or engage with the complainant.
Exercise Your Right to Silence: You are not required to provide statements to the police or anyone else. Anything you say can be used against you.
Contact a Lawyer Immediately: Consult a Calgary sexual assault defence lawyer as soon as possible. They can guide you on how to proceed and represent you during police questioning.
Avoid Contact with the Complainant: Do not attempt to contact the complainant directly, as this could be seen as intimidation or harassment.
Gather Evidence and Witnesses: If possible, collect evidence that may support your defence, such as text messages, emails, or potential alibis.

Having a lawyer by your side ensures that you navigate the legal process correctly and avoid unintentionally incriminating yourself.

2. How Long Does a Sexual Assault Case Take to Resolve?

The length of a sexual assault case in Calgary can vary depending on several factors:

Investigation Phase: Police investigations can take anywhere from a few weeks to several months.
Court Process: After charges are laid, the case can take anywhere from 6 months to 2 years to reach resolution. The timeline depends on:
- The complexity of the case.
- The availability of court dates.
- Whether the case goes to trial or is resolved through a plea agreement.
Pre-Trial Motions and Delays: Pre-trial motions, such as Charter challenges or evidence disclosure disputes, can extend the timeline.

Your lawyer can give you a more accurate estimate based on the specific details of your case and the current scheduling within the Calgary Courts Centre.

3. Can Charges Be Dropped Before Trial?

Yes, sexual assault charges can be dropped before trial, but this depends on the circumstances of the case. Possible reasons for charges being withdrawn include:

Insufficient Evidence: If the Crown Prosecutor determines that there isn’t enough evidence to support a conviction, they may drop the charges.
Credibility Issues: If new evidence emerges that undermines the credibility of the complainant or key witnesses, the Crown may reconsider the prosecution.
Charter Violations: If your lawyer successfully argues that your Charter rights were violated (e.g., unlawful search, improper questioning), this can lead to charges being dismissed.
Resolution Agreements: In some cases, alternative resolutions or restorative justice measures may result in charges being withdrawn.

An experienced Calgary defence lawyer can advocate for the withdrawal of charges based on the strength of your defence and procedural issues.

4. What Are the Penalties for a Sexual Assault Conviction in Calgary?

The penalties for a sexual assault conviction in Calgary are severe and depend on factors such as the nature of the assault, the use of force, and the presence of aggravating factors. Sentencing guidelines under the Criminal Code of Canada include:

Summary Conviction:
- Maximum penalty: 18 months in prison.
- May apply to less serious cases.
Indictable Offence:
- Maximum penalty: 10 years in prison for a basic sexual assault.
- If the complainant is under 16 years old, the penalty increases to 14 years with a mandatory minimum of 1 year.
Aggravating Factors:
- Use of a weapon.
- Threats of violence or causing bodily harm.
- Breach of trust (e.g., teacher, coach, caregiver).
Additional Consequences:
- Mandatory registration as a sex offender.
- Probation and community restrictions.
- Impact on employment and travel.

Sentencing also considers mitigating factors such as a lack of prior criminal history and evidence of remorse or rehabilitation.