CRIMINAL ASSAULT

Understanding Criminal Assault Charges

Assault and Threat charges are the most basic, and the most common types of violence charges. Assault can be defined as “the intentional application of force to a person without their consent”. Thus, assault charges can be laid in a wide variety of situations ranging from very minor applications of force, like grabbing someone, to much more serious actions, like kicks, punches, and even choking.

Unlike many other charges, the substantive evidence against you does not come from the police. The case will likely come down to the testimony of the person who says you threatened or assaulted him or her, and of course your evidence on the point. There are serious repercussions that can come from being charged with various forms of assault in the Manitoba area. Depending on what types of charges you may be facing, the penalties, fines, and in some cases jail time that can accompany an assault conviction can be very damaging.

Offences that are typically associated with assault and physical violence, and are considered more serious, include the following:

• Assault of Police Officer

• Assault with a Weapon

• Assault Causing Bodily Harm

• Choking

• Sexual Assault

• Robbery

• Break and Enter to Commit Assault

• Unlawful/Forcible Confinement

• Kidnapping

• Obstruction

Simple Assault

If you are charged with simple assault, it means you willfully either threatened or attempted to cause harm to another person. It is possible to be charged with simple assault, even if you do not touch or inflict bodily harm on someone else. Whether you actually hurt or inflicted harm doesn’t matter in a simple assault charge; the charge is based on just the intention.

Aggravated Assault

When someone is accused of aggravated assault, it means that they actually did or meant to cause serious bodily harm to another person. As opposed to a simple assault charge, when you are charged with aggravated assault, there is the presumption that you recklessly and knowingly showed depraved indifference to another human being, and either did or tried to cause them bodily harm. Crimes that fit into aggravated assault are rape, murder, or robbing with the addition of a deadly or dangerous weapon – but this is by no means a comprehensive list.

There are different degrees of aggravated assault; generally the more egregious and severe the act, the harsher the penalties a person can face. Knowing which charge you are facing is integral to building the proper defense to save you from a criminal conviction.

Sexual Assault

Sexual assault charges can be brought against anyone who forcibly sexually violates a victim. The factors related to sexual assault charges are:

• Which part of the body is touched

• What the nature of the contact was

• What were the circumstances related to the contact?

• Where there any gestures or words that accompanied the act?

• Were there other issues surrounding the event?

• Was there a threat of force or actual physical force associated with the event?

These types of assaults are typically referred to as “Sexual Assault”. For more information on assaults in a domestic context, please refer to the information under Sexual Assault.

Domestic Violence and Assault

Domestic assault is when someone is accused of either threatening, intimidating, or physically harming their partner. If your matter involves violence in the context of a domestic situation i.e. a child, parent, sibling, wife, girlfriend, or common-law spouse; the police, prosecutors, and judges take such allegations VERY seriously. These types of assaults are typically referred to as “domestic assault”. For more information on assaults in a domestic context, please refer to the information under Domestic Violence.

Why hire Alex Steigerwald?

As a seasoned criminal defense lawyer in Winnipeg, Alex Steigerwald has earned a reputation for his tenacity, expertise, and unwavering commitment to his clients. With years of experience in handling assault cases, he possesses the knowledge and skill to effectively advocate for your rights. When you choose our Alex – you're gaining a dedicated ally who will stop at nothing to secure the best possible outcome for your case.

Personalized attention: Alex understands that each case is unique, and will tailor his approach to meet your specific needs and goals.

Proven track record: With numerous successful outcomes in assault cases, Alex has the experience and skill to deliver results.

Compassionate advocacy: Alex recognizes the stress and uncertainty you're facing, and he will provide compassionate support every step of the way.

Client-centered approach: Your satisfaction and well-being are our top priorities, and Alex will work tirelessly to ensure that you receive the best possible representation.

Frequently Asked Assault Questions

Remember, these FAQs provide general information and should not be considered legal advice. If you are facing assault charges, it is essential you consult with a qualified criminal defence lawyer who can provide personalized guidance and advice based on your specific situation.