Steps to Take Immediately After Being Charged With Assault

If you are charged with assault in Canada, the steps to take would be the same steps in any province or territory. In today’s blog article, we want to give you some broad, general advice on what to do.

Keep Quiet

The first step is be quiet. This is no joke. The right to remain silent is guaranteed under the Canadian Charter of Rights and Freedoms in Section 7. Exercise it.

There are some important reasons why you should stop talking to anyone about your case including the police. What you say to the police could potentially be used against you in court. There is no upside to discussing your case with anyone other than your lawyer. So, it is in your best interest not to say anything to anyone about your case except your lawyer or upon the advice of your lawyer.

Hire a Lawyer

Either choose your own lawyer—which, obviously, you will have to pay for—or if you cannot afford one, then one will be assigned to you. Ask for a lawyer.

You should obtain legal counsel as soon as possible for several reasons. Your lawyer will need time to develop a strategy for your defence, and if you are remanded in custody, then your lawyer will help you with an upcoming bail hearing. The sooner you hire a lawyer, the better.

Do Not Make Any Statements to Police

This is part of “keeping quiet,” but in case we were not clear, do not make statements to the police and answer any questions. Ask for a lawyer immediately, and cease talking to the police. The purpose of this point is for your own protection. We cannot stress this enough. The only person you should be talking to about your case is your lawyer.

These are the most important steps if you are charged with assault. All other steps will come after you have a lawyer working on your behalf and upon his or her advice. 

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.