EDMONTON • FORT MCMURRAY

Can Assault Charges Be Dropped by the Victim in Canada

You may be wondering if assault charges can be dropped by the victim in Canada. In Canada, the Police charge the defendant and the Crown decides whether to prosecute. As such, alleged victims (Complainants) are not able to directly drop assault charges in Canada.

View article »

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.

View article »

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

View article »

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

View article »

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

View article »

What is the Time Limit to Press Assault Charges in Canada?

If you’ve been assaulted or committed an assault, you may be wondering what the time limit in Canada is for pressing assault charges. In Canada, pressing assault charges is actually most often done by the police.  If the police have decided to press assault charges, there can be a time limit in Canada. Pressing assault charges’ time limit in Canada is six months for summary convictions, but there is no time limit for indictable offences. There are two types of criminal procedures in Canada, and it is often up to the prosecution to decide what kind of criminal procedure is

View article »

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.

OUR STORY →