Charged With Assault in BC? What Happens Next?

You may wonder what happens next if you are charged with assault. In today’s blog we are going to try to briefly explain what will happen. Please note that there is no one answer that defines what happens to everyone. There are many variables, and the most important one is how serious the offense is. It is also worth noting that police can make arrests, but it is the Crown Counsel that decides to file charges and what those charges will be.

Custody

If you are held in custody, then there will be a bail hearing to determine whether you can be released on bail before trial. In Canada, most people will get bail, and it is unusual for someone to be held without bail.

When someone is released on bail there will be conditions to that release, such as surrendering weapons and a passport, for example, and/or not contacting the victim or complaining witness.

Whether or not you were taken into custody, there will be an initial appearance before the court.

Type of Assault

The Crown decides how the case will unfold and whether the case will be pursued as a summary offence (less serious) or an indictable one (more serious). If the case is going to be indictable, then you may be able to choose to have your trial in Provincial Court or the BC Supreme Court and whether you want a judge or a jury.

These are decisions that you should be making on the advice of your lawyer. So, if you are charged with assault, you need to get a lawyer right away, who will help you. If you cannot afford to hire your own, one will be assigned to you.

Other Possibilities

There are other possibilities besides trial. Depending on the severity of the charge, there are alternative measures programs, which allow you to plead guilty, but your case is diverted from court. There are also Peace Bonds, an agreement made with the prosecution that will require certain things from you in exchange for them withdrawing charges.

This is a very brief summary of what happens after you are charged with assault. The key takeaway is to have a lawyer represent you as soon as you are able for the best possible outcome.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

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.