The Role of Family Support Assault Defence Cases

Family support can play a crucial role in assault or other criminal defence cases in different ways including practical and pragmatic, emotional, social, and tangible impact on outcomes. Today, in our blog article, we want to discuss this role of family support. The following holds true for assault cases as well as other serious criminal cases.

Practical

If we look at the practical aspects, family members might be witnesses for the defence, testifying to the defendant’s good character and healthy habits. Or—if it might help the defence--family might testify to an accused’s drug or alcohol dependency. Family members may know the accused’s friends and history growing up or recent past history.

The family can also help with financial issues, covering certain costs such as for bail or even offering to shelter or supervise a defendant out on bail.

Emotional

Family support can shore up a frightened defendant with family members reminding him or her that they are there for them and behind them all the way, that the family loves and supports and believes in them no matter what. This can translate into a defendant with a better, more positive and appropriate demeanor and attitude in court. A mother of a male defendant who reminds the defendant to tuck in his shirt and straighten his tie matters in court.

Whether we like it or not, the defendant’s physical appearance in court plays a role in the proceedings. A sloppily dressed, irascible defendant does not win any points with judges or juries.

Impact

There is solid peer-reviewed research showing that strong family support helps defendants in criminal cases (such as assault cases) in many ways that are hard to quantify. These defendants tend to have better outcomes including fewer guilty verdicts or milder penalties and shorter prison terms. When the court is confident that a strong family support exists, the court takes this information seriously.

Caveat

It is important to note that family support for a defendant must be managed by the defence lawyer to make sure that the family overtures are helping and not hindering the case at hand. The defendant in a criminal assault case should discuss at length the family support available or potentially available with the defence lawyer to make sure this support is used to its best advantage in court during the defence process.

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.