Recent Cases

A full service defence firm

Calgary Criminal Defence Lawyers Success Stories

Our practice is devoted to the defence of those charged with Criminal Code offences. We have experience with files ranging from shoplifting to murder and have appeared in all levels of court within the province of Alberta, as well as before the Supreme Court of Canada. While we pride ourselves on our trial work, many of our cases are resolved without the client having to make a court appearance. That said, a firm is only as good as the results they deliver. Below are some recent cases that have been handled by our office.

Charges
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Miscellaneous

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T.K.

Mr. K. was a Calgary businessman who was charged with the offence of disseminating intimate images. This is a relatively new criminal code offence which makes it illegal to send or publish a partner’s sexual images. Following a night of drinking, our client sent a common friend a sexual video of his ex-girlfriend. The friend forwarded it to his ex which resulted in the charges. The case law suggests that jail should be imposed even if the accused has no criminal record. That said, Mr. Wyman was able to broker a resolution whereby the client received a conditional discharge. This result allowed Mr. K. to navigate this incident without a criminal record.

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Domestic Assault Offence

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J.N.

Ms. N. was in Banff at her husband’s firm Christmas party. The pair over indulged and left the party following an argument. Once back at their hotel room the dispute intensified and patrons from another room contacted the authorities. When the local RCMP arrived, her husband indicated to the officers that he had been struck during the incident. An assault charge and no contact order ensued. As is the case in most domestic matters, the implementation of a no contact order is problematic as the parties are not permitted to see one another which makes living accommodations problematic. That said, Mr. Wyman was able to meet with the Crown early on and have the charges withdrawn at the first appearance.

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Assault Offence

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T.H.

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.

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Assault Offence

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R.M.

Mr. M. was a successful businessman who had been charged with assaulting one of his housing tenants. After months of non-payment of rent, our client attended to the residence to serve an eviction notice. Things became heated and the police were called as a result. When the dust settled Mr. M. was charged with assault. After retaining our office Mr. Wyman worked with the Prosecutor to resolve the file by way of a no contact order. As a result of our office’s efforts, Mr. M.’s charges were withdrawn.

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Miscellaneous

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R. v. E.D

The client was charged with flight from police/dangerous driving following an incident in an Alberta park. Officers attempted to stop the client’s vehicle when he accelerated, striking one of them with his vehicle. A police helicopter was then called in and an hour-long chase ensued. During the pursuit, the client drove through numerous stop signs and stop lights at speeds exceeding 90 km/hr over the speed limit. Police ultimately dispatched a spike belt which resulted in all of the tires being flattened. When he continued to drive on the flattened tires, officers rammed the vehicle into the ditch. As no defence existed, a contested sentencing was held in which the Crown sought a 15-month jail sentence. Mr. Wyman was successful in keeping the client from jail, instead convincing the learned Judge to impose a Conditional Sentence Order. This sentence permitted the client to retain his job and serve the sentence while in the community.

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Sexual Assault Offence

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T.C.

Mr. C was charged with sexual assault following a night of drinking at a female friend’s house. Both consumed a great deal of alcohol and it was alleged that T kissed and groped the complainant without her consent. T had a supportive family and no prior criminal record. The collateral fall out from a sexual assault conviction would be devastating for this young man. After plea negotiations with the assigned Crown Prosecutor, the sexual assault charges were dropped and Mr. C plead guilty to the offence of common assault. After doing so, despite the Crown asking that a conviction being entered on his record, Mr. Wyman was able to persuade the presiding Judge to impose a conditional discharge. This was a fantastic result for the client and ensured that he would not have a criminal record for this unfortunate incident.

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Domestic Assault Offence

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W.B.

Mr. B had been involved in an argument with his girlfriend over the phone after she had come home from the bar. After attempting to calm her down, she refused to answer his calls or texts. As a result, he attended at her home and forced his way into the home. His intoxicated girlfriend came at him and a short physical altercation ensured. The neighbors called the police and soon thereafter our client was charged with Break and Enter and Assault. The consequences of a conviction for this serious indictable offence were considerable for our client, a third-year University student. Mr. Wyman entered not guilty pleas to the charges and set the matter down for trial. At trial, the truth about the incident came out and the charges against our client were dismissed.

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DUI Offence

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D.C.

Mr. Wyman represented Mr. C. in his matter for over 8 years. As a younger man, Mr. C. was convicted of impaired operation of a motor vehicle causing death. At the sentencing hearing in 1992 Mr. C. received a penitentiary sentence and a lifetime driving prohibition. After serving more than 10 years of the driving prohibition a client can apply to the Parole Board of Canada to have their driving prohibition cancelled. To satisfy this application it must be established that undue hardship exists and that the public would not be placed in harm’s way through the cancelation of the prohibition. Mr. C. had previously submitted such and application without representation and once through another lawyer. Both applications were unsuccessful. Once retained Mr. Wyman procured assessments from well recognized forensic Psychologists that deemed the client to be low risk to reoffend. Notwithstanding this our application was denied. That said, an oral appeal was granted whereby Mr. Wyman appeared in front of the Parole Board and provided submissions. At this level of proceedings, we were successful. After 25 years without a license our client could get back on the road.

Charges
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DUI Offence

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B.M.

Our client retained Mr. Wyman after he had been charged with impaired and .08 offences. The client had been pulled over in a Checkstop where he was arrested and provided breath samples at the local District Office. While the file was a run of the mill impaired prosecution, Mr. Wyman identified a strong argument concerning the manner in which the officer administered the applicant’s Charter rights. When the matter proceeded to trial, the Crown recognized that issues existed. As such, it was decided that our client would make a charitable donation. Following B. doing so the charges against him were withdrawn.

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Domestic Assault Offence

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J.S.

Our client was charged with criminal harassment following a break up with his ex-girlfriend. It was alleged that the client texted and called the complainant hundreds of times over a number of days. It was also alleged that J. attended her place of work and left flowers on her car when she was not present. To compound matters, when the ex-girlfriend went to the police to report the harassment, she disclosed numerous incidents of domestic violence which resulted in further assault charges. Mr. S. was a successful business professional who simply could not have a criminal conviction. Mr. Wyman was able to negotiate a plea deal with Crown Counsel whereby all the domestic assault charges were dropped following a guilty plea to the Criminal Harassment charge. At sentencing, Mr. Wyman was able to persuade the presiding Judge to impose a conditional discharge. Such a sentence results in the client not receiving a criminal record.

Charges
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Assault Offence

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B.B.

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.

Charges
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DUI Offence

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K.R.

Mr. R. was a financial trader here in town who had no experience with the criminal justice system. Following a recreational hockey game, he partook in some drinks with his teammates. Upon returning home, he collided with another vehicle at a stop sign. The other motorist believed he may be inebriated and called the police. Once on scene officers placed Mr. R. under arrest and charged him with impaired operation. After being retained Mr. Wyman obtained the disclosure material which revealed a fatal error by the officers involved. After contacting the assigned Crown prosecutor, the charges were withdrawn shortly after the first appearance.

Learn more about Batting, Wyman

Batting, Wyman was founded upon counsel recognizing the need for a different type of criminal defence firm in our city. One focused on professionalism, availability, and the quality of work. These are our office’s core values, upon which we’ve built the reputation we carry throughout this province. We represent clients charged with all forms of criminal matters, with a focus upon impaired driving offences and sexual assault charges. Regardless of the offence, we will take control of this often foreign situation and will provide guidance to achieve the most favorable outcome. Given the consequences affiliated with a conviction, it is imperative that you leave nothing to chance. Contact our office today