Gracia Criminal Law Firm Calgary

Domestic Violence Charge Withdrawn on Trial Day

  • 13 April 2015
Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

My client was arguing and fighting with his wife, because he was intoxicated and she was refusing to let him have the car keys. My client was angry and destroying property in the house. As they fought over her purse for the keys, she was thrown around and fell down the stairs. She called the police to remove him from their residence.

Result:

The matter was scheduled for trial because she insisted that he never hit her and that the fight was consensual. The Crown refused to withdraw the charge, insisting instead on a resolution by way of a Peace Bond. My client refused. Come trial day, the complainant (his wife) did not show up. Consequently, the Crown had no evidence to call and the charge against my client was withdrawn. No criminal conviction.…

Domestic Violence Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault (domestic)

Allegations:

My client assaulted his wife by slapping her in the face, pulling her hair and twisting her arm, after she continued to refuse to provide him with a credit card, so that he could purchase more alcohol.

Result:

After a few weeks of involvement by Child and Family Services, to inquire into the safety of the complainant and their 3 children, and his commitment to residential treatment for his alcohol addiction, the Crown finally conceded to resolve this matter by way of a Peace Bond, and withdrew the charge. No criminal conviction.…

No Jail for Violent Attack on Girlfriend

  • 13 April 2015
Charge(s):

CC; s.266 – Assault (domestic)

Allegations:

My client and his girlfriend became engaged in heated verbal argument as he was driving her home. After refusing to pull over and let her out, the complainant tried to open the door and jump out of the moving vehicle. She also grabbed the steering wheel and tried to cause an accident. My client became enraged with her and began to pull her hair, causing clumps of hair to come out. As she struggled with him, and kicked her legs out the window, her boots fell off, onto the road. He then proceeded to punch her repeatedly in the head and face. He eventually pulled over and she managed to escape and run away barefoot in the snow to call 911 from a store.

Result:

Although the complainant was unlikely to show up at trial, my client instructed me to change his plea to guilty and accept the resolution proposal of a suspended sentence and a period of probation for one year. No jail.…

Domestic Violence Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault (domestic)

Allegations:

After having a few drinks on New Years Eve, my client had an altercation with his wife and with his neighbour. After hitting his wife, and breaking a vase over her head, resulting in a bleeding cut to her forehead, their children fled to the neighbour’s residence, on two separate occassions. The neighbour confronted my client, resulting in a further physical altercation between them.

Result:

As a result of difficulties in the Crown’s case (the complainant refused to cooperate and the children only heard, but did not actually witness the assault), the Crown would have been unable to prove their case at trial and, consequently, withdrew the charge. No criminal conviction.…

No Jail for Beating a Snitch and Tossing Him Into a Lake

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client, who had recently been released from prison, and his friend, approached an individual and accused him of being a rat. They taunted and threatened him and dragged him toward a dock. When he resisted, they kicked him in the ribs and then grabbed him by the arms and legs and carried him to the end of a dock and threw him off the edge, into the lake.

Result:

My client received a fine of $500. No jail.…

Domestic Charge Withdrawn Again

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client had an argument with his wife, as they walked home from an evening at the local bar. A witness claimed to have seen my client push his wife down an embankment. She refused to cooperate with the police, claiming it never happened. Due to the lengthy history of allegations of domestic violence between these two parties, the police opted to charge him anyway.

Result:

I persuaded the Crown to agree that, given the complainant’s lack of cooperation, there was no reasonable likelihood of a conviction. The Crown agreed and withdrew the charge (again).…

Probation for Sexual Assault on a Minor

  • 13 April 2015
Charge(s):

CC: s.152 – Invitation to Sexual Touching

Allegations:

My client knocked at the window of a boy who was sleeping and asked him for a blow job. Both my client and the boy lived in the same group home. After the boy refused, my client entered his bedroom and repeated the demand, this time grabbing his hand and trying to force him to touch his penis. Again the boy refused. When another boy, who was awakened by the commotion, entered the bedroom, my client ran away.

Result:

Shortly before the day of trial, as a result of numerous mitigating factors, the Crown agreed to a suspended sentence and probation for 18 months for him to get the help he needs, instead of jail, with one of the conditions being that he not be around any child under the age of fourteen, without adult supervision.…

Sexual Assault Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault

Allegations:

My client grabbed his 18 year old roommate’s bottom while giving her a hug.

Result:

I convinced the Crown that it was not in the public interest to prosecute this offence. They agreed and withdrew the charge. No criminal conviction.…

Sexual Assault and Impaired Driving Charges Withdrawn

  • 13 April 2015
Charge(s):

CC: s.271 x 2 – Sexual Assault, s.253(a)

Allegations:

My client, after consuming an inordinate amount of alcohol, sexually assaulted some girls while dancing at a bar. Their boyfriends then tried to instigate a fight with him. He left the bar and attempted to drive away in his vehicle, but was prevented from doing so by an angry mob.

Result:

I negotiated a deal whereby he entered pleas of guilty to committing an “indecent act,” instead of sexual assault, and the Crown withdrew both impaired, care/control charges. By way of penalty, he received a conditional discharge. No criminal convictions.…

No Jail on Sexual Assault Charge, Jury Dismissed

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault.

Allegations:

My client, while in a hotel room after a night out, got caught fondling the privates of a girl his age, while she was asleep.

Result:

After a jury had already been empanelled, and on the morning of trial, the Crown offered a resolution proposal. Instead of potentially being found guilty of “Sexual Assault,” which carries a starting point sentence of three years incarceration, he pleaded guilty to committing an “Indecent Act,” which is a far less serious offence, and received a fine of $1000, with 6 months time to pay it. He will not be a registered sex offender; he will not be required to submit his DNA; and, eventually, he can apply for a pardon.…

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