The Role of Digital Evidence in Assault Cases

There is no doubt that digital evidence can play in important role in assault cases as well as in other criminal cases. As our technological world evolves, so does the law and the courts to respond to the advances in technology.

In an assault case, digital evidence can help the defence, the prosecution, and it may be digital evidence that got someone arrested and charged in the first place.

Examples of Digital Evidence

• Video files which might show you were at the scene of the crime or somewhere else entirely.
• Documents or document files.
• Sound files.
• Records of internet searches.
• Photo files on your phone or computer.
• Texts or instant messages.
• ATM transactions from the bank, which often film the person doing the transaction.

These are just a few examples of a dazzling array of potential digital evidence that can be used in court. That said, it is your defence lawyer who must decide if the evidence is useful and whether it can be admitted into court proceedings. For example, there are lots of rules that must be followed regarding chain of evidence and authenticity or authentication, which must be adhered to.

The point here is that if you think there may be some digital evidence that can help you, tell your lawyer, and let the lawyer worry about it. Never try to gather evidence, yourself. You can compromise evidence that can no longer be used to help you. Once you have hired a lawyer—or been assigned one—be totally truthful with your lawyer. Alert your lawyer if you are aware of digital evidence that may be helpful, and your lawyer may ask you about potential digital evidence that may exist. But never try to do the lawyer’s job for him or her.

The lawyer will have a much keener understanding of what digital evidence could be used to help you than you will. Regarding assault, there are several different types of assault under Canadian Law which have a wide range of potential penalties. Any kind of evidence, including digital evidence can play a critical role in your defence—or your prosecution.

As we always say, if you are charged with assault, or another criminal offence, do not make any statements to the police without first consulting your lawyer. This is your right. 

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.