How to Handle Assault Charges Arising From Road Rage Incidents

Since much of our practice revolves around defending cases of assault, in today’s blog article, we wanted to talk about how the defence lawyer approaches an assault defence when the assault charges arise from a road rage incident. Here, below, is a broad view of the defence lawyer’s approach.

Review the Existing Evidence

First the lawyer has to review the evidence. He or she will review things like police reports, video or dashcam footage, cell phone footage or texts or calls, witness testimonies, the client’s detailed version of events, and any medical reports if injuries were sustained.

Evaluate Potential Strategies

Then the lawyer will consider different possible defence strategies. For example, was the incident provoked? Was the client even there or is there evidence to the contrary? Is the wrong person being charged? Could this be a case of self-defence? Did the event happen at all? Was there a lack of intent?

These are just a few of many possible defence angles. The lawyer will evaluate them one by one to see if and how they may pertain to the case at hand.

Mitigating Factors

If the case is going to proceed to trial, then the defence lawyer will look at potential mitigating factors that would help the defence. Does the defendant have a criminal record? Does the defendant show genuine remorse.

It would be impossible to mention every possible factor that may figure into the defence lawyer’s thinking without looking at a specific case. However, needless to say, the defence lawyer is going to spend considerable time to strategize and create the best possible defence for the client as the case proceeds. 

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.