The Legal Process for Assault Charges: from Arrest to Trial

A complete discussion of the legal process from arrest to trial for assault or another criminal charge is a big topic, beyond the scope of this blog. We will, however, today, give you the key points of this process to give you an idea of how it proceeds here in British Columbia and/or elsewhere in Canada.

1.      Arrest and Charging

The Crown has to establish there is enough evidence to proceed, then a formal informational document is filed with the courts.

2.      First Appearance

This will happen fairly quickly after the arrest. A judge explains the charges. A bail hearing may happen right away or be scheduled for a later date.

3.      Bail Hearing

If the Crown wants the accused to be detained, this is when they make their case to the judge. However, in Canada, most people get released on bail. Remand is the exception rather than the rule and depends on the severity of the charges and flight risk among other factors.

4.      Disclosure

The Crown has to disclose all their evidence to the defence on an ongoing basis. Different rules apply to what the defence has to disclose to the Crown.

5.      Pre-Trial Meeting

The Defence meets with Prosecution to see if any kind of plea agreement can be reached and whether there is enough evidence to proceed with the case.

6.      Plea Decision

The Defence decides how the accused will plead, and this determines whether or not the case proceeds to sentencing or to trial first.

7.      Preliminary Inquiry for Serious Offences

Under some circumstances, there is an inquiry during which the judge decides if there is enough evidence for a conviction and whether or not to proceed.

8.      Trial preparation and Trial

Both sides prepare for trial, and a trial ensues.

9.      Verdict and Sentencing

A verdict is decided and sentencing follows.

This is a very brief summary of what happens if you are charged with assault or another criminal offence. Key takeaway? Hire a lawyer as soon as possible if you are charged with a crime like assault.

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.