The Role of Evidence in Assault Cases: Building a Strong Defence

Evidence is critical in the defence of any kind of criminal case including assault. Evidence is like building blocks or scaffolding upon which everything else in the defence depends. So, the treatment of evidence in assault cases would be similar to its treatment for other types of criminal defences.

There are a lot of different types of evidence, including but not limited to the following:

• Direct
• Indirect
• Circumstantial
• Inculpatory
• Exculpatory
• Corroborative
• Eyewitness
• Hearsay
• Relevant
• Physical
• DNA

A complete discussion of all the different types of evidence is beyond the scope of this blog article. Suffice it to say, that every bit of evidence will be weighed by the defence lawyer for its probative value, or how valuable is this evidence in demonstrating that the accused did not commit the crime?

Some types of evidence, like hearsay, are typically not admissible in court, but could be admissible under special circumstances, such as a dying declaration, or the last words uttered by someone who was about to die and knew that he/she was about to die.

The accused should not preoccupy him or herself with what kinds of evidence his or her lawyer has for the defence. Rather, the accused should just be completely open and honest with the defence lawyer, and let the lawyer worry about gathering evidence and how much probative value each piece of evidence has.

Not only is the evidence important in an assault or other criminal case, but how the evidence is gathered is also important. For example, if your defence lawyer can show that evidence gathered by the Crown was not gathered properly, the defence lawyer may be able to get this evidence thrown out. 

The most important point here, is to hire a criminal lawyer as soon as possible and do not make any statements to the police without first consulting your lawyer. Do not discuss your case with anyone except your lawyer. Rely on your defence lawyer. That is why you have one—to defend you. In BC, call Gagan Nahal for a free legal consultation at (604) 527-4769. 

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.