Assault Recent Cases Cases

Mr. P. is a former client who once again retained our office when new criminal charges arose. The charges stemmed from a dispute with his wife where things got physical. Mr. P. contacted the authorities but when they arrived it was he that was charged with common assault. Mr. Wyman was able to broker a resolution whereby the parties agreed to have no contact with one another and the client made a charitable donation to a local women’s shelter. A great win for the client which also helped support a worthy organization.

Our client was charged with first degree murder because of an incident that arose at a rural New Year’s Eve party. It was alleged that the client and his co-accused attended the house party, beat and kidnapped the deceased in their truck. The victim was subsequently found a week later by RCMP in a forested area. The matter proceeded to a Preliminary Inquiry where we were successful in persuading the presiding Judge to not commit the client to stand trial for first degree murder, instead having the matter go to the Court of Queen’s Bench on the charge of second degree murder. In the weeks leading up to trial, our office was able to persuade the Crown to accept a plea to the lesser included offence of manslaughter, thereby sparing the client a lifetime sentence.

Another repeat client, Mr. B. was charged out of Fort Saskatchewan with assaulting a peace officer. After a night of drinking it was decided that a friend would drive Mr. B.’s truck home. While on route the truck was pulled over by officers and an impaired investigation was conducted. During the incident, our client exited his vehicle to have a cigarette. He then made the unfortunate decision to intervene. The officers directed him to get back in the vehicle several times and he refused. When he did not they attempted to place him under arrest and it was alleged that he assaulted the officer. Mr. B. had no criminal record and was now facing a jail sentence. Here, the legal argument focused on whether the client was arrestable in the first place. It was argued that the client was certainly being belligerent to the officers yet this did not provide sufficient grounds to legitimize the arrest. As the arrest was unlawful, it was argued that the altercation with the officer ought be excluded from evidence. In the end the Crown agreed and withdrew the charges without the need for a trial.

Ms. H. retained our office after she had been charged with assault. C. was an event coordinator with no criminal record that had attended a post work function at a local casino. After over indulging with her colleagues she became quite intoxicated. Such that, she was asked by Casino staff to leave. An altercation ensued she was forcefully carried out by the staff. During the incident, she kicked and scratched the bouncers but also spat in their faces. Ms. H.’s livelihood hinged on successfully dealing with these charges. That said, spitting in an individual’s face is a very serious form of assault which is typically associated with a short jail sentence. Mr. Wyman was able to procure a variety of character references as well as medical records which demonstrated that the client did not have any communicable diseases. As a result, following a letter of apology the casino staff and some needed counselling our client’s charges were dismissed.

This client was referred to our office by way of a Calgary Crown Prosecutor. Mr. C was on 16th Ave. when he was cut off by another motorist. It was alleged that the client got out of his vehicle at the next stop light and struck the other driver. After recording his license plate number a police officer subsequently paid a visit and charged our client with assault. Mr. C. was a successful small business owner with no prior record. Mr. Wyman was able to negotiate a withdrawal of the criminal charges early in the proceedings without the need for a trial.

Our client was referred to the office by a prominent Calgary Family Law firm. Mr. H. was a hardworking small business owner who was sharing custody of his young daughter with his ex-wife. On one such stay an argument arose between the two of them over homework. It was alleged that during this disagreement our client struck his daughter in the head. T. had no criminal record but faced an assault against a minor charge. The matter was scheduled for trial in Airdrie Provincial Court where the ultimate defence was pursuant to the Criminal Code provisions that allow for some use of force when disciplining one’s child. That said, as a caring father, one of our client’s main concerns was not traumatizing his daughter by way of the trial process. On the day the trial was scheduled to proceed, and cognizant of his client’s wishes, Mr. Wyman negotiated a resolution whereby the client would not receive a criminal record and the daughter was spared the requirement of testifying against her father. A fantastic outcome for all involved parties.