Defending Against Aggravated Assault Charges in Surrey: An Expert Guide

The Canadian Criminal Code, in Section 268, defines Aggravated Assault as a crime in which someone “wounds, maims, disfigures or endangers the life of the complainant.” In Surrey, as well as throughout British Columbia and the rest of Canada, Aggravated Assault is a very serious crime with steep penalties. This is the most serious crime short of murder. In today’s blog article, we would like to offer a brief guide on how the defence lawyer would approach this type of case.

Preparing a criminal law defence for a client is a complicated task, a complete discussion of which would fill several textbooks. Today, we will explain it in broad strokes only. What will your lawyer do for you? Below are some of your lawyer’s tasks, but the ones listed are not necessarily in the order that your lawyer will perform them. These tasks would apply in Surrey and in any other city in Canada.

1. Talk to you.

Your lawyer has to talk to you at length to figure out exactly what happened. Always be completely honest with your lawyer. Whether you are guilty or innocent, you are entitled under law to a vigorous defence.

2. Study relevant case law.

Next your lawyer will study all relevant case law pertaining to your case and important and/or recent court decisions that may affect you.

3. Talk to witnesses.

Witnesses need to be interviewed. Your lawyer will determine if they can/should be called to testify for your defence. The lawyer may also need to engage expert witnesses who could have something important to say that would help your side.

4. Prepare a strategy.

While everything else is going on, the defence lawyer is preparing a strategy with which you will proceed. This includes what type of defence you are using, such as self-defence, and whether a plea deal can or should be negotiated. In addition, your lawyer might try to get charges reduced or the case thrown out altogether.

5. Study the Crown’s case against you.

Under Canadian law, the Crown has to disclose to the defence almost everything they are going to use in court whether it is inculpatory (makes you look guilty) or exculpatory (makes you look innocent.) Your lawyer will be using this information to try to exclude things that are bad for your side. For example, was Crown evidence gathered illegally?

6. Evidence

The lawyer will be looking at the evidence for each side, and, where possible, will try to find new evidence that will benefit you.

All of the above is just a small part of the defence lawyer’s job, but it gives you an idea of how complex the task is. This is why you need a lawyer, and one that will work tirelessly to get you the best outcome possible.

If you have been charged with Aggravated 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.