The Defense of Self Defense

Law says Self-defense is a defense to a criminal charge in certain circumstances when a person responds to force, or threats of force, in order to stop the attacker from assaulting him. Once the criminal defense lawyer raises the defense of self defense the crown prosecutor must prove that a person not acted in self defense beyond a reasonable doubt.

The defense of self defense can also be invoked when there is a reasonable mistake of fact. This could include a reasonable belief that the victim was armed or made treats to harm and a person perceived danger accordingly. Self-defense is available where the accused was mistaken with respect to the "apprehension of the degree of danger and the nature and degree of the force necessary to defend himself". This mistaken belief, however, must be reasonable and necessary according to the circumstances.

Law says a person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) the act committed is reasonable in the circumstances.

In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon;

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

We have represented clients who experienced accusation of assault even though they were defending themselves from the complainant and used force in self defense. As an assault lawyer in Brampton, Navdeep Dhindsa has successfully proved to the court that the accused acted in self defense. It is our duty like other criminal lawyers in Brampton to advise our clients regarding criminal law.

What is Sexual Assault ?

Sexual Assault is an assault of a sexual nature that violates the sexual integrity of the victim. A victim can be man or woman and charges can be laid against the spouse. The act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim. Proving sexual assault under s. 271 requires: a victim be assaulted, a contact has to be in sexual in nature, the absence of consent, the age of culprit and a victim, relationship between them, etc. Certain following factors are also considered in the investigation and prosecution of sexual assault :

. The part of the body touched

· The nature of the contact

· The situation in which the contact occurred

· The words and gestures accompanying the act

· All other circumstances surrounding the act

· Any threats that may or may not be accompanied by force

Punishment

Everyone who commits a sexual assault is guilty of

· An indictable offence and is liable to imprisonment for a term not exceeding ten years or

· An offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

If you are charges with sexual assault you are in serious trouble. Hire an experienced and intelligent criminal lawyer to defend you in the court. Conviction in sexual assault charges often lend a culprit in Jail.

Call criminal lawyer Navdeep Dhindsa for any kind of criminal charges. We are here to defend you.

Withdrawal of Criminal Charges

The crown prosecutor can withdraw a criminal charge prior to a plea. The crown prosecutor has power under common law and criminal code to withdraw a charge. The judge has limited control over crown’s power for withdrawal of charges. If a person enters plea a crown can only withdraw the charge with the leave of court. A crown prosecutor may withdraw charges for a variety of reasons, including:

• There is no case against an accused.

• It is not in the public interest to continue prosecuting an accused.

• There is clear evidence to exculpate an accused.

• There is insufficient evidence against accused and there are minute chances of conviction.

However, having an uncooperative complainant usually does not help the crown to prove their case beyond a reasonable doubt against accused. If the complainant changes his or her mind and does not want to proceed with allegations, and/or where the complainant changes their evidence, the crown may decide to withdraw the charges but there could be repercussions against complainant. Do not proceed with such decision without consulting a criminal lawyer.

Criminal Lawyer Navdeep Dhindsa will help you call 437 998 1429