In Canada, the police decide whether or not to make an arrest when they are called to investigate a situation involving domestic violence. They have the authority to detain and hold individuals. The victim of a domestic violence case does not, however, have the authority to drop the charges if they so choose.
How do you get assault charges dropped in Canada?
In Canada victims do not get to drop charges against an accused. However, what they say may influence a prosecutor. Prosecutors withdraw charges when they feel that prosecuting is not in the public interest or that there is no reasonable chance of getting a guilty verdict.
Can the victim drop charges?
While a victim is able to file a complaint against the accused, they can also choose to no longer participate in the case, and thus request that the charges be dropped.
Can a person drop charges in Canada?
In many cases, my clients think that the complainant has the power to drop criminal charges. This is because we watch a lot of American TV shows and movies which show a complainant being able to make a decision with the police officers if a charge should be laid or not. However, that is not the case in Canada.
Can a victim choose not to press charges Canada?
When an assault has allegedly taken place, it is not always up to you as the victim if you want to press charges. In fact, even if you decide that you do not want to press charges from the outset, or you decide you no longer want to, the Crown prosecutor may still pursue the case.
Will I go to jail for first time assault Canada?
Any assault charge is an extremely serious matter. Even first time offenders, who have never been charged with anything before in their lives, can be sentenced to up to 5 years in prison, up to 3 years of probation, and receive a permanent criminal record as a result of a simple assault charge.
Can police drop assault charges?
The police will need some form of evidence against you to be able to charge you with an offence. If, during the investigation stage, it is found that there is a distinct lack of evidence against you that renders any further action impossible, the police may drop the case before proceeding to the CPS.
Can a victim withdraw evidence?
If you’re a victim or prosecution witness, you can ask the Crown Prosecution Service ( CPS ) to see your statement again before you go to court to refresh your memory. You can add things to your statement if you remember them later on, but you cannot withdraw it.
What evidence is needed for assault?
Otherwise good reliable eye-witness evidence or good quality photographs accompanied by descriptions of the extent of the injuries will suffice for other summary assault cases.
Can the police still charge you if the victim doesn t?
Contrary to what most people think, the police can issue charges even if the victim asks them not to go forward. If the police charged you even though the alleged victim doesn’t want to pursue a criminal complaint, you still need an experienced and dedicated criminal defense lawyer on your side.
Can I withdraw my statement in a domestic violence case?
If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.
How long does an assault charge stay on your record in Canada?
Summary and indictable offences
a summary offence: We destroy your record three years after you complete your sentence. an indictable offence: We seal your record five years after you complete your sentence.
Can you retract a police statement Canada?
You can, but it’s a serious decision. Changing your police statement is not as simple as it seems. You may have tried to contact the police officer or Crown’s office. They were not interested in changing anything.
Can a victim refuse to give a statement?
You don’t have to give a statement but you might still be asked to go to court and say what you know.
Can the police charge you with assault if no one presses charges?
The short answer is, yes, the police can make arrest you and refer the matter to the state for charges despite the alleged victim’s wishes. That’s why it is important to have an experienced criminal defense attorney like Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A. on your side.
What rights do victims have in Canada?
The Canadian Victims Bill of Rights provides 4 principal rights to victims: Information, Protection, Participation and Restitution. their right to file a complaint for an infringement or denial of any of their rights under this Act.
Do police take assault seriously?
The police take all crime seriously and you can expect to be treated with sensitivity and respect by them. After you have spoken to the police, the investigating officer will decide whether you need to provide a statement or be spoken to further about what you have seen.
How serious is an assault charge in Canada?
Assault is one of the more serious violations a Canadian can commit, and is classified as a criminal act, which means it will be tried in court. If a conviction is secured, it may result in a criminal record, complete with fingerprint records and other legal processing.
What are the 3 levels of assault in Canada?
The Levels of Severity of Assault Charges in Canada are:
- Assault.
- Assault Causing Bodily Harm / Assault with a Deadly Weapon.
- Aggravated Assault – (wounding, scarring, maiming, +robbery, +intent to kill, +rape)
- Attempted Murder.
- Manslaughter (causing death without intent)
- Murder.
How long can police keep you for assault?
Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.
What is the usual sentence for assault by beating?
Grievous bodily harm or wounding: the maximum sentence is five years’ custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.