3 Steps to Take Immediately After Being Charged With Assault

If you have the misfortune of being charged with assault in Canada, then this is my advice as a practicing criminal defence lawyer.

1. Keep Quiet

Stop talking. To everyone. Stop talking to the police, and remain silent. If you are not detained, then do not discuss your case with your friends, your family, or absolutely anyone until you speak to a lawyer. It should go without saying, but definitely do not try to communicate with any potential witnesses.

2. Hire a Lawyer

You can hire your own—which you will have to pay for—or if you cannot afford one, then you can have access to free legal advice through the court system, and a defence lawyer will be assigned to you.

If you are hiring your own lawyer, then choose someone with experience in criminal defence. Your wife’s cousin’s uncle, who is a trust and estate lawyer, is not a good choice. A skilled and experienced criminal defence lawyer can possibly get your charges reduced or even thrown out. Your lawyer may be the difference between being out on bail or remanded to custody.

3. Do Not Make Statements to the Police

This could be construed as part of Number 1, but it is important enough to repeat here. Do not be fooled into admitting anything. The police want only one thing: for you to incriminate yourself and/or give them leads to evidence that can be used against you. Do not give it to them.

If police and the Crown think they have a case against you, then let them try to prove it. Do not help them.

These are the three most important things to know if you are charged with assault or any other criminal offence. These are also your rights. Exercise them.

If you are in Surrey, BC, and you have been accused of assault, hire a criminal defence lawyer without delay. You are welcome to call Gagan Nahal for a free legal consultation at (604) 527-4769.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.