Gracia Criminal Law Firm Calgary

Assault with a Weapon and Other Charges Dropped for Counseling

  • 13 April 2015
Charge(s):

CC: s.267(a) – Assault With a Weapon

Allegations:

My client left his residence at 11:00 pm, to get cigarettes. An hour later, he had not yet returned, so his wife called him. He was at the bar, getting even more drunk. He returned home after 3:00 am, heavily intoxicated and woke up his wife. She had to work the next day and told him to leave her alone. He got angry and started telling her that it was over between them and that he wanted a divorce. He then began throwing furniture around the house, including throwing a chair at her. When police arrived, the house was a disaster area, with holes in walls and soil from broken potted plants everywhere.

Result:

I tendered a plea of “not guilty,” and scheduled the matter for trial. On the day of trial, the Crown withdrew the charge, as the evidence did not support a reasonable likelihood of a conviction.…

Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management

  • 13 April 2015
Charge(s):

CC: s.267(b) – Assault Causing Bodily Harm, s.430(1)(a) – Mischief

Allegations:

While driving home from work one day, my client was cut off by another driver who then gave flipped him the bird. My client was outraged and followed this driver in order to “discuss” his rude behaviour. Upon arrival at his residence, the complainant remained in his vehicle, while my client cursed at him through his closed window and urged him to step out. The complainant was terrified and refused to leave the safety of his vehicle. My client grew so frustrated that he punched him through the glass. The shattered glass flew into the face of complainant, causing several cuts on his face.

Result:

Despite my client’s criminal record, I persuaded the Crown to withdraw the assault causing bodily harm charge, in exchange for a guilty plea to the mischief charge. By way of penalty, my client received a suspended sentence, with a period of probation for one year, with conditions that he attend for anger management counseling and pay restitution to the victim for the cost of the ambulance bill.…

Campground confrontation charges dropped

  • 13 April 2015
Charge(s):

CC: s.266 – Assault and s.264.1(1)(a) – Uttering Threats

Allegations:

While camping with his family, my client’s daughter informed him that a group of older boys bullied her, pushed her down and poked her with sticks. This infuriated my client, who confronted the boys and threatened one of them to shove a stick up his @%%, if he ever did that again. When an older boy confronted my client and said that he could not talk to little kids that way, my client pushed him, cursed at him, and then kicked him in the @%%. The parents of these children then confronted my client in the form of an angry mob. One of the parents was apparently an off-duty police officer.

Result:

My client was diverted out of the criminal justice system, into the Alternative Measures Program, where he was required to make a donation, in the amount of $500, to a local charity. All charges were dropped. No criminal convictions.…

Conditional Discharge for Residential B&E, Threats and Mischief

  • 13 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering Threats, s.348(1)(a) – Break and Enter Residence With Intent to Commit an Indictable Offence Therein, s.430(4) – Mischief

Allegations:

My client attended at the residence of his in-laws, where his wife and children had been staying for the past several weeks, as they were separated. They got into an argument, because she continued to refuse to allow him to see his children. She locked herself and the children inside the residence. He became enraged and attempted to enter through glass sliding doors. He then attempted to enter through a locked side door. He grabbed a metal dolly and began to smash it against the door. He was able to break the door, causing damages to the door and frame and then entered the residence. He noticed that his wife was on the phone with 911 and fled the scene in his vehicle. Police were unable to locate him, so a warrant issued for his arrest. He eventually turned himself in.

Result:

I convinced the Crown that there was no reasonable likelihood of a conviction on counts one and two. My client tendered a plea of guilty to property damage only and the Crown withdrew the other two charges (Threats and B&E). We ordered a Pre-Sentence Report and adjourned sentencing. The Crown was seeking a period of incarceration, followed by a period of probation and restitution to the victim. I argued for a conditional discharge. The judge agreed with me. After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record. No convictions.…

Assault on Ex’s New Boyfriend and Threats with an Ax Withdrawn

  • 9 April 2015
Charge(s):

CC: s.266 – Assault, s.175(1)(a)(i) – Causing a Disturbance

Allegations:

My client got into a fight with his ex-wife’s new boyfriend (the complainant). He was dropping off his kids after a weekend of camping when he yelled over to the complainant to make himself useful and help him unload the kids’ belongings. The complainant walked over to my client and got into his face, so my client began to throw punches at him. They ended up wrestling around on the front lawn and it took several people to break them up. My client then went to his truck and retrieved an ax and threatened the complainant, who responded by retrieving from his house a samurai sword. The police arrived before these weapons could be used. The complainant suffered injuries, including numerous facial bruises and a severely swollen eye.

Result:

On the day of trial, the Crown agreed to withdraw the charges against my client, providing that he enter into the alternative measures program. He ended up making a charitable donation, in the amount of $500, and the criminal charges were withdrawn. No criminal convictions.…

Liar Avoids Jail for Sending Police on a Wild Goose Chase

  • 9 April 2015
Charge(s):

CC: 140(1)(c) – Public Mischief

Allegations:

My client called the police and told them that he had been hijacked by a native man, who forced him to drive him around, beat him and robbed him at gun point of his wallet, cell phone, shoes, jacket and wedding ring. The entire Airdrie police force spent the rest of the night scouring the city, searching for this person, to no avail. A composite sketch artist was brought in and a detailed drawing of the suspect was disseminated to the media and to the surrounding law enforcement agencies. The Forensic Identification Unit also got involved. My client provided a detailed account of the incident during a lengthy video-recorded interview with the police. The police expended a great deal of resources to solve this alleged crime. Ultimately, numerous inconsistencies led the police to suspect the veracity of his story and to reinterview him. My client confessed to having made up the entire story, in order to avoid upsetting his wife and employer. As it turns out, he picked up a female hitchhiker on his way back from work, using his company vehicle, and spent the entire evening partying in a hotel room with her, smoking crack cocaine.

Result:

The Crown was outraged and insisted on a jail sentence. He ended up receiving a Conditional Sentence Order and some community service hours. No jail.…

Habitual Offender Gets a Discharge for Assaulting Peace Officers

  • 9 April 2015
Charge(s):

CC: s.270(1)(C) – Assault Peace Officer x 2, s.129(A) – Obstruct Peace Officer x 2

Allegations:

My client yelled profanities at two peace officers at an LRT station. They confronted him and demanded some form of identification in order to issue him a violation ticket for employing vulgar language on LRT property. A physical struggle ensued, whereby my client was accused of assaulting the two officers. At trial, my client maintained that he was cooperating with officers and did not assault either of them. Instead, he claimed that he was the one assaulted; that he was punched in the mouth, by one of the officers, causing him to lose a tooth. The officers maintained that this occurred when my client’s face struck the ground during the arrest process. He was found not guilty of assaulting the officers, but was found guilty of obstruction (mainly, I suspect, due to his hostile and unstable behaviour on the witness stand).

Result:

In light of my client’s previous criminal record, which includes over 40 prior convictions, the Crown was initially seeking a period of incarceration. However, following the production of a pre-sentence report, and a psychological assessment, their position changed to a period of probation with many conditions, including community service hours and a fine. However, the court agreed with my submissions and granted him a conditional discharge, with no community service hours and no fine. The end result, upon the expiration of the order, will be no criminal conviction.…

Probation for Beating Taxi Driver Unconscious and Fleeing from Police

  • 9 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client took a taxi home with two friends, after a night of drinking and doing drugs. As a result of a verbal dispute with the taxi driver, he made angry racial remarks, exited the cab and kicked the door. When the driver exited to inspect the damages, the accused began punching him in the face, knocking him down, and then proceeded to kick him until he went unconscious. It took three persons to restrain him and to prevent him from inflicting further injury. As the police arrived, he fled on foot and it took the police almost two hours to track him down with a K-9 unit. He had a criminal record relating to vandalism and disobeying court orders.

Result:

After resolution discussions with the Crown, he pleaded guilty and received a minor fine and probation for 12 months. No jail.…

Discharge for Assaulting Police Officers

  • 9 April 2015
Charge(s):

CC: s.129(a) – Resist Arrest, Obstruction x 2, s.270(1)(a) – Assault Police Officer x2

Allegations:

My client interfered with the lawful arrest of her friends after the police were called out to a crazy bar fight. She also assaulted two police officers in the process.

Result:

On the day of trial, the Crown offered a resolution proposal. She pleaded guilty to one charge of Obstructing a Peace Officer in the course of his duties and received a Conditional Discharge. All other charges withdrawn. No criminal convictions.…

Bike Thief Gets Away Again

  • 9 April 2015
Charge(s):

CC: s.344(b) – Robbery, s.355(b) x2 – Possession of Stolen Property, s.380(1)(b) – Fraud x 3, s.145(1)(b) – Unlawfully at Large, s.733.1(a) – Breach Probation

Allegations:

My client sold three bikes that had recently been reported stolen. He also failed to report to the Calgary Correctional Centre, in accordance with his intermittent sentence and he breached his probation order. He had a lengthy and related criminal record.

Result:

My client failed to attend court and a warrant issued for his arrest.…

Gracia Criminal Law Firm Calgary
Gracia Law Firm
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 975-4529 URL of Map