How to Beat an Assault Charge in Canada

If you’ve been charged with assault in Canada, you’re likely wondering is how you can beat an assault charge. Assault charges in Canada can be a difficult and confusing situation to go through.  Charges are usually laid by the police, not the alleged victim, and there are many layers of what an assault charge means. If you’re looking to beat an assault charge in Canada, there are a few things you can do to help your case along.

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Domestic Assault

What is domestic assault? Domestic assault is a criminal charge of assault against a domestic partner. Domestic assault is not specifically in the Canadian Criminal Code; however, domestic assault is often considered a unique form of assault by the Crown Prosecutors and the Courts. Domestic assault charges are taken incredibly seriously in the court of law, and as such your actions after an alleged domestic assault must be performed carefully.  Domestic Assault charges are unique as they contain elements of breach of trust, as well as the fact that domestic assault is a very common occurrence in society. What are

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Can You Get a Criminal Record for Shoplifting in Canada?

Shoplifting, also known as “theft under $5000”, is a criminal offence in Canada. Not all criminal offences are treated the same, as the gravity of the crime impacts the gravity of the punishment. One thing that all criminal offences in Canada have in common, however, is that they can end up on your criminal record if you are convicted. Shoplifting in Canada is taken seriously, and if you are found guilty you will likely end up with a criminal record. Read on to learn about shoplifting in Canada and what you should do if charged with a minor theft or

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common law couple standing in street in alberta

Common Law Alberta in 2022: What You Really Need to Know!

As one of Edmonton’s trusted, top family law firms, one of the most common questions we get in the field of family law is this: What is considered “common law” in Alberta? The fact of the matter is that couples engaged in a “common law” relationship don’t have the same legal rights or obligations as a married couple, and this is where the situation can get sticky. The rights and obligations of unmarried couples are determined based on what might be fair in the particular circumstances of their relationship. This becomes problematic because it makes it difficult for couples to

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Aggravated Assault vs Assault?

The Criminal Code of Canada classifies Assault offences into categories based on different circumstances such as the use of weapons, injuries caused, as well as other factors.  These distinctions can be very important as different sentencing considerations, including higher maximum sentences, may apply. Assault  — s. 266 of the Criminal Code Assault is the act of applying force to another person without their consent. Assault can also be a threat of applying force to another person, either explicitly by verbal threat, or implicitly through carrying a weapon and directing it at another person. Assault is often a blanket term used

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How Long After Shoplifting Can You Be Caught?

There is a common misconception that if you shoplift and are able to leave the store undetected that you will not be charged for your crimes. You may wonder then, how long after shoplifting can you be caught? In Canada, unlike in the United States, there is no universal statute of limitations on criminal acts, so, depending on the gravity of your shoplifting, there may not be a maximum amount of time to protect you from being prosecuted. If you have shoplifted and are wondering about the penalties and likeliness of being caught after the fact, read on. How are

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What is a Bail Hearing in Alberta? How Does Bail Work?

Bail hearings are when a Judge or Justice of the Peace decides if a person arrested for a criminal offence should be released before their trial, either with a monetary bail amount, either with or without a cash deposit, or on a form of promise to return for court. Understanding how bail hearings and bail work in Alberta courts can be complicated. If you’ve been charged with a criminal offence and are going through a bail hearing, read this guide and contact a criminal defence lawyer for the best outcome. What is Bail?  According to the Canadian Charter of Rights

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Assault vs Battery: Full Guide in 2022

You may be wondering what the difference is between assault and battery. In Canada, there actually isn’t a criminal differentiation between assault versus battery, as battery is not defined in the Canadian Criminal Code. Battery is not a legal concept in Canadian Criminal Law.  Instead, it might be better to consider the difference between assault and assault causing bodily harm. What is Battery (Assault Causing Bodily Harm)? Battery is a criminal offence in a number of countries. In the UK, battery is a common-law offence where according to Actus reus, a defendant unlawfully applied force to a victim, and as

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Consequences of Having a Criminal Record in Canada

A criminal record can come with many consequences. If you have a criminal record in Canada, you run the risk of facing stigma, missing out on opportunities, and not being able to experience the same things as those without a criminal record. If you have a criminal record or at risk of receiving one, read on to learn the various consequences of having a criminal record.  What is a Criminal Record? A criminal record lays out a person’s criminal history. A person’s criminal record lists out all criminal offences that an individual was charged for that have not yet been

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New Impaired Driving Laws In Alberta

There are new impaired driving laws in Alberta that will vastly impact how DUIs and Impaired Driving infractions in Alberta will be dealt with. The law predominantly effects first-time offenders, and it changes the way impaired driving law in Alberta lays Criminal Charges. On December 1st, 2020, the Government of Alberta put into practice a new system for dealing with most Impaired Driving charges.  These changes are largely contained within Bill 21 and are now in place. This change represents a radical revision to the way impaired driving laws have worked for decades.  Moving forward,  the police will have the

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McGlashan & Company is an Edmonton Criminal Law Firm located just south of Edmonton’s historic Whyte Avenue.

Brian McGlashan has been defending DUI/Impaired Driving charges in Edmonton for over 20+ years.