In today’s time, assault and violent crimes are spreading everywhere, which is a serious concern in our societies. It can leave lasting impacts on victims, communities, and the accused. Such offenses require a deep understanding of criminal law and its strategy to defend oneself, which is why a seasoned violent crime lawyer is essential.
Understand Violent Crime from a Violent Crime Lawyer’s Perspective
Violent crimes are considered crimes that are found under the wilful and forbidden acts on a certain property, an individual, or against the reputation, according to the Criminal Code. Violent crime is characterized by force or threat of force against individuals. It can vary from assault causing bodily harm to assault with a weapon and to more severe offenses such as sexual harassment, child abuse, homicide, etc. In Quebec’s justice system, violent crime cases demand a violent crime attorney with a comprehensive understanding of criminal law and the ability to navigate the complexities of such serious charges.
Types of Violent Offenses
Violent offenses encompass a wide range of criminal activities. Understanding the nuances of each is crucial for an assault crimes lawyer to provide effective representation.
|Assault & Violent offense
|An offense where any person who makes, prints, possesses, or publishes any child pornography
|Section 163.1(1) of the Criminal Code
|A person will be liable for imprisonment of a minimum of 1 year and a maximum of 14 years
|Such type of assault is committed when a person tries to make sexual contact with another person without their consent. These can be widely known as rape, groping, or sexual abuse.
|Section 246(1) of the Criminal Code
|A person will be liable for minimum imprisonment for a term of 18 months and maximum imprisonment for a term of 14 years.
|When a person harms another person in such a way that it causes the death of the person
|Section 222(1) of the Criminal Code
|A person will be liable for life imprisonment
|When a person is kidnapped against his/her will, sent outside the country without the person’s consent, or renders the services against his/her will.
|Section 279(1) of the Criminal Code
|A person will be liable for imprisonment for a first offense up to 5 years and for a second offense up to 7 years. In the case of firearms, the minimum imprisonment is up to 14 years, and the maximum it can for for life imprisonment.
|This type of assault is more severe and often causes permanent injuries. Sometimes it even results in the death of the individual.
|Section 268(1) of the Criminal Code
|A person may be liable for imprisonment not exceeding 14 years.
|Assault with weapon
|The offenses that carry, use, threaten, or cause bodily injury are considered as assault with a weapon
|Section 267 of the Criminal Code
|A person may be liable for imprisonment from 18 months to 10 years.
Classification & Implication in the Criminal Code
Violent crimes can be classified as serious and dangerous crimes that are committed mainly to harm the person physically. But mainly it is classified as summary, indictable, or hybrid. There have been debates and challenges regarding the ambiguities in defining certain violent & assaults, making it crucial to have an experienced assault crime lawyer on your side. The expertise of a violent crime lawyer becomes invaluable when navigating these intricacies.
- Summary Conviction: Such convictions are considered less serious and contain light punishment. Summary trial conviction offenses usually charge an imprisonment of up to 18 months. However, in some cases, this conviction can carry higher punishment.
- Indictable offenses: Such offenses are more serious and can cause more problems. there is no maximum punishment for such offenses unless stated in the Criminal Code. Imprisonment can range from 18 months to life imprisonment depending upon the crime committed.
- Hybrid offenses: These offenses can be prosecuted as summary convictions or Indictable offenses. The choice of how to proceed with them depends upon the Crown prosecutor.
So, it’s important that one choose a violent crime attorney wisely.
What to do if you get arrested for a Violent Crime
Got yourself arrested for a violent crime? There are some steps that need to be followed immediately at the time of arrest or after the arrest which can significantly impact the outcome of your case. It’s a stressful and overwhelming situation, but maintaining your composure and being aware of your rights and the proper course of action is crucial.
First Step: Remain Calm and Silent
Every individual should be calm and composed at the time of arrest instead of getting panicky and reckless you should always be calm, as panic leads to poor decision-making that could lead to a bad impact on the case. You have the right to remain silent and anything you say can be used against you in the court. So, one should not speak anything except the basic information until your violent crime lawyer asks to do so. Instead, politely but firmly state that you wish to speak to a lawyer before answering any questions.
Second Step: Hire a Violent Offenses Lawyer
The next critical step is to secure your legal attorney. An experienced violent offenses lawyer understands the legal system intricacies and can advise you on the best course of action. They will work to protect your rights, help you understand the charges and the legal process, and develop a defense strategy. It’s advisable to hire a lawyer specializing in violent crime, as they will have the specific knowledge and experience to handle your case more effectively. In Quebec, where laws might differ from other jurisdictions, having a lawyer who is well-versed in provincial laws is particularly important.
Last Step: Know your Legal Protection Rights
The Charter of Rights and Freedom guarantees your rights under arrest and those rights are:
- The right to be informed: You have the right to know why you are being arrested and what is the nature of the charges against you.
- The right to retain and instruct counsel without delay: You have the right to speak to your lawyer as soon as possible after you get arrested. Also, if you don’t have a lawyer, you have the right to hire one. Also, you are entitled to get a free legal aid lawyer or duty counsel if you are not able to get one.
- The right to a fair trial: It means that you are presumed innocent until proven guilty, the prosecution must prove your guilt beyond a reasonable doubt, and you have the right to a public hearing before an independent and impartial tribunal.
It’s also important to know that each case is different and unique, so the legal strategies must be tailored according to that only. Remember, the actions you take and the decisions made in these early stages can greatly influence the outcome of your case. Always consult with your violent crime lawyer before making any decisions or statements regarding your charges.
What to Expect for Violent Crime Charges
If you get into a serious violent crime charges with potentially severe consequences then the implications can extend beyond the legal penalties and have lasting effects on various aspects of your life.
At the time of conviction
If you are found guilty of assault & violent crime, then the punishment and penalties can vary depending on the severity of the crime you have committed which may include imprisonment, & fines. The court may impose fines as a penalty, you may also be required to compensate the victim for their losses, which could be a significant financial burden. A conviction will result in criminal records, which can limit future employment, opportunities, your personal life, and your travel and it will also affect your reputation.
Initial Arrest Compared to Subsequent Arrest
Committing the crime first time renders you relief from harsh punishments, and the court may grant lenient sentences. But for those with prior convictions, the punishment for a violent crime can escalate. Repeating the offense is seen as a continuing threat to society and may face longer imprisonment and stricter probation and parole terms and conditions.
Judicial repercussions can be more serious, as this is not limited to some fines or imprisonment but creating such a criminal record that can affect your life. The higher the amount of violence or assault the higher the chances of being in prison for long a time, depending on the specific crimes.
Personal and Social Impact: The Ripple Effect
When you commit any offense that offense affects your whole life. Such offenses can have a very negative impact on an individual’s life as a person faces the loss of employment due to committing such a crime and may find it difficult to secure new employment in the future, especially in positions of trust. Such crimes can damage one’s reputation as these offenses are mostly attracted by the media. Moreover, it can have a bad impact on personal relationships.
Post-Conviction: Life After the Verdict
The possible things to challenge the outcome:
- Probation: It is a period during which you are released into the community but you must comply with the specific conditions set by the court.
- Parole: It is the release of the offender from prison early, before completing their sentence but with some conditions. You need to do regular meetings with the parole officer, drug testing, and restrictions on your movements and associations.
- Rehabilitation Programs: Participation in anger management, counseling, or substance abuse programs may be required.
- Community Service: Courts often include community service as part of the sentence.
Each of them plays a vital role in defending you when you face violent crime charges. An experienced violent crime lawyer can work to mitigate these consequences, negotiate plea bargains, and represent your interests both in court and in negotiations with prosecutors. In Quebec, where the legal system has its particularities, the guidance of a knowledgeable violent crime attorney is indispensable.
- John, usually a peaceful individual, gets involved in a heated argument at a bar. The argument quickly escalates into a physical altercation, where he punches the other person, causing significant injury. John is arrested and charged with aggravated assault. When discovered, he required a violent crime lawyer to navigate the legal complexities.
- Maria, attempting to burgle a house, is confronted by the homeowner. In a panic, she assaults the homeowner with a blunt object to escape, resulting in severe injuries to the homeowner. She is later apprehended and faces charges of robbery and aggravated assault, which now led her to seek a violent crime attorney.
Navigating the legal landscape of violent crime in Quebec requires a nuanced understanding of both the definitions and classifications of these offenses. The complexities of the law, the severity of the potential consequences, and the profound personal and social impacts of a violent crime conviction highlight the critical need for an expert violent crime attorney. An assault crimes lawyer can provide invaluable guidance. If you face such charges, contact El Haddad Avocats for expert defense and to safeguard your rights.