Gracia Criminal Law Firm Calgary

Charge Withdrawn in Domestic Assault Against Daughter

  • 4 June 2015
Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

Police were notified by Child and Family Services that my client’s 11 year-old daughter reported to them that my client assaulted her the day prior. She told police that my client was angry with her and was trying to physically discipline her, so she was hiding behind her sister on her bed. Her sister was upset, crying, and asking him to stop. He reached around her, hit her once on her arm. He then pulled her out of the bedroom by her wrist and by her hair, and dragged her half way down the hall before letting her go, causing her to hit her head on the floor. He then hit her on her arm and side with the top of an open bottle of water, causing the water to fall out. He then got his shoes on and left, saying that he was going to kill himself. That night, she had trouble sleeping. She felt dizzy and vommitted twice throughout the early morning, believing that she might have suffered a concussion. My client had a dated but related record, consisting of prior convictions for offences, such as possession of an offensive weapon and assault.

Result:

The day before the scheduled trial date, the Crown directed Stay of Proceedings. The charge was effectively withdrawn. No criminal conviction.…

Jail Avoided in Vicious 2×4 Beatings

  • 4 June 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault

Allegations:

My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.

Result:

After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.…

Gas Station Robbery Charge Withdrawn

  • 4 June 2015
Charge(s):

CC: s.344 – Armed Robbery

Allegations:

My client admitted to police that she helped her boyfriend to rob a gas station at knifepoint. She scoped out the location in advance and provided information about the number of employees, etc. Her boyfriend wore a a black hoodie, bandana, sunglasses and gloves, while he robbed the gas station, using a large hunting knife. He got away with cash and cigarettes. Both of them were arrested the next day.

Result:

I negotiated for my client’s charge to be diverted out of the criminal justice system and into the Extra-Judicial Sanctions program. Upon successfully completing a number of community service hours, her charge was withdrawn. No criminal record.…

Drunken Rampage and Assault Police Officer Charges Withdrawn

  • 4 June 2015
Charge(s):

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

Allegations:

My client was severely intoxicated and caused a disturbance at a nice hotel. Security was called to the lounge, where my client had thrown some bar stools and was being loud and beligerant with staff members and other patrons, after being refused service. My client then attempted to engage security in a fight by taunting them and making derogatory comments. My client left the area and returned to his room. Moments later, security received another complaint tht my client had pushed some teenagers in a hallway and their parents were upset. Security confronted my client at his room, where he tried to slam the door on them and then hid in the bathroom. At this point, the RCMP were called to assist in removing him from the premises. My client then tried to start another fight with security before running away. RCMP officers assisted security in locating my client, who was hiding in a backspace near the elevators. He was talking to himself and hitting the elevators with his elbows. Police arrested him, placed him in handcuffs and, while in the process of escorting my client out of the building, my client dropped his weight to the floor, tripping and pulling the officers down with him. One officer fell on his back and the other officer fell on top of my client. My client continued to resist and to swear at the officers during his arrest processing at the police station.

Result:

I negotiated a referral to the Alternative Measures Program on the resist arrest charge only. My client was required to write letters of apology to the hotel and to the police, as well as to make a charitable donation of $100 to the local food bank. All charges were withdrawn. No criminal record.…

Robbery Charge Reduced to Assault

  • 13 April 2015
Charge(s):

CC: s.344(b) – Robbery

Allegations:

My client hired an escort through an online escort agency to attend at his hotel room. She requested payment of $300 in advance. They talked for 15 minutes, then my client offered to give her a massage. After a few minutes, he turned her over and aggressively pulled at her panties. She protested and told him to stop. He got angry and demanded a refund. She refused. He attempted to forcefully remove the money from her purse. A struggle over the purse ensued. He assaulted her in the process. She threw the money on the floor, locked herself in the bathroom and called 911.

Result:

The matter was scheduled for trial, on the basis that he had a defence to the theft portion of the robbery charge. The victim failed to appear for trial, pursuant to a served subpoena. The Crown succeeded in obtaining an adjournment and a witness warrant. A new date for trial was set. This time the victim showed up, so I negotiated a plea deal to simple assault only (a charge to which he had no defence). We adjourned for the purpose of negotiating an agreed statement of facts. In the process of seeking further instructions from my client, he absconded from Canada, in order to pursue overseas employment. I sought leave to withdraw as Counsel of Record and a warrant issued for his arrest. His intention is to rehire me to conclude this matter upon his return to Canada.…

Domestic Violence Charge Withdrawn Again

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep. His wife had two small lacerations, dried blood, bruising and swelling to her face.

Result:

The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior. I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.…

Peace Bond Refused, Charge Withdrawn in Domestic Violence

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client attacked her husband upon awakening in the morning. She verbally attacked his daughter as well and pushed her. She then struck her husband with an unknown object, causing abrasions to his back and drawing blood.

Result:

She refused to accept the Crown’s resolution proposal of a peace bond, insisting instead that she did not assault him, and that he assaulted her. On the morning of the scheduled trial date, the Crown withdrew the charge. No criminal conviction.…

Domestic Assault Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client got into a heated argument with his wife because he had consumed some beer and she was refusing to let him drive. A witness watched him slap her across the face and called the police.

Result:

I negotiated for the criminal charge to we withdrawn, upon him entering into a peace bond with a condition that he attend for some counseling. No criminal conviction.…

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.…

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