Gracia Criminal Law Firm Calgary

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 All other charges withdrawn.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.…

Night Club Shooter Avoids Conviction on Attempted Murder Charge

  • 8 April 2015
Charge(s):

CC: s.239(a) – Attempted Murder, s.268 – Aggravated Assault, s.267(a) – Assault with a weapon (firearm), s.88(1) – Possession of a Weapon (firearm) for a Dangerous Purpose, s.87(1) – Pointing a Firearm, s.86(1) – Careless Use of a Firearm, s.85(1)(a) – Using a Firearm to Commit an Indictable Offence, s.90(1) – Carrying a Concealed weapon (firearm), s.91(1) – Unregistered Possession of a Firearm, s.95 – Possessing a Loaded Firearm, s.92(1) – Unlicenced Possession of a Firearm, s.96 – Possession of an Illegally Obtained Firearm, s.139(2) – Threatening a Witness from Providing Evidence, s.423(1)(a) – Threatening a Witness, s.244.1 – Discharging a Firearm in order to Prevent Arrest or Detention, s.244.2(1)(b) – Reckless Discharge of a Firearm, s.264.1(1)(a) – Uttering Death Threats.

Allegations:

My client, together with his two friends, entered a crowded nightclub in the early morning hours, walked up to a rival drug dealer on the dance floor, pulled out a handgun, fired one shot into the ceiling and a second shot into the abdomen of the victim. The bullet lodged in his spine, rendering him permanently disabled. They immediately ran to the front door. My client made it out. However, his two friends got tackled by bouncers at the entrance. My client returned, pointed the firearm at the faces of the bouncers, asked them if they were stupid and asked if they wanted to die. He fired three shots into the air and ordered them to release his friends. Together they ran toward a parked vehicle and escaped. Later that morning, they attended at the home of three witnesses who knew them and who had seen them at the club, and threatened to kill them, if they said anything. The next day, the police found them inside a nearby hotel room. Inside their room was a key to a vehicle where police found the clothing worn by the culprits, as captured on closed circuit video surveillance at the nightclub. The DNA on the clothing matched the DNA of the accused. Gunshot residue was also found on the clothing. They also found my client’s fingerprints inside the vehicle.

Result:

After conducting a two-week long Preliminary Inquiry, and hearing from dozens of civilian witnesses, police officers and expert witnesses, my client instructed me to negotiate a favourable resolution. Ultimately, he pleaded guilty to only two charges: Reckless Discharge of a Firearm (for shooting the victim in the stomach) and Assault with a Weapon (for threatening the bouncers). We presented a joint submission for a sentence of 5.5 years on the first charge and an additional 6 months on the second charge. Subtracting his pre-trial custody, he was left with a remaining sentence of 54 months to serve. Had he been found guilty after trial, he would have been facing a potential sentence of at least 12 years.…

Charges Withdrawn on Violent Attack & Threats with a Weapon

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.88(1) – Possession of a Weapon for a Dangerous Purpose

Allegations:

My client engaged in a verbal confrontation with an individual after a house party. My client then brandished a baton and threatened this person. He then left the baton in his vehicle and proceeded to push and punch the victim in the head repeatedly. While the victim was on the ground, in a turtle position, my client kicked him. The victim was in too much pain to walk. EMS attended. Among other injuries, the victim suffered bloody lips and a cut below his eye.

Result:

One month prior to the scheduled trial date, the Crown sent a letter advising that all charges were stayed (withdrawn). No criminal convictions.…

Assault with a Loaded 12-Gauge Shotgun Charge Withdrawn

  • 8 April 2015
Charge(s):

CC: s.87(1) – Point a Firearm, s.88(1) – Possess a Firearm for a Dangerous Purpose, s.267(a) – Assault with a Weapon.

Allegations:

In the heat of a verbal and physical altercation with his older brother, my client pointed a 12-gauge shotgun within 12 inches of his brother’s face and threatened to kill him.

Result:

The Crown was seeking a convicton with serious consequences. However, on the day of trial, the complainant did not present himself. Consequently, the Crown had no evidence to call and withdrew all of the charges. No criminal convictions.…

Charge Withdrawn for Carelessly Firing a Handgun

  • 8 April 2015
Charge(s):

CC: s.86(1) – Careless Use of a Firearm

Allegations:

My client and his friend were drinking Jack Daniels and firing a handgun outdoors, in a rural area. They were stopped by the police, in a high-risk takedown, after the incident was reported by a neighbour.

Result:

Upon providing proof of completion of a Firearms Safety Course, the charge was withdrawn. No criminal conviction.…

Charges Dropped for Drive-By Shootings

  • 8 April 2015
Charge(s):

CC: s.430(1) – Mischief

Allegations:

My client and his friends were driving around, doing drive-by shootings with pellet guns. Numerous persons were hit by the pellets.

Result:

After writing an essay about how a criminal record can affect his future, and paying a charitable donation of $80 to the Calgary Dream Centre, the charge was withdrawn. No criminal conviction.…

Machete-Weilding Accused Discharged

  • 8 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose

Allegations:

As a result of an argument with his brother, my client threatened to burn down his house while he and his family were inside. The argument ensued with my client raising a machete over his head and threatening to hack up his brother with it. He also threatened his sister-in-law over the telephone by saying that he would kill her. He had a lengthy and related criminal record.

Result:

He pleaded guilty only to the uttering threats charge and received a conditional discharge. The other charges were withdrawn. No criminal convictions.…

Double Stabbing Charges Withdrawn

  • 8 April 2015
Charge(s):

CC: s.267(a) x 2 – Assault with a Weapon

Allegations:

My client entered a room where two individuals were watching TV. He was carrying two steak knives. He held one knife to the throat of one person and began screaming over and over that no one was leaving. When the other person tried to get up and flee, my client stabbed him. Then, when both persons were trying to get out the back door, my client stabbed the other person as well.

Result:

The matter was set for trial. The Crown was unable to locate the victims, in order serve them with subpoenas, and withdrew the charges. No criminal convictions.…

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

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