Criminal Defence
Assault Lawyers in New Brunswick and Nova Scotia
An assault charge begins with a set of conditions decided in the first twenty-four hours, usually no contact and no return home, and a Crown policy that decides how the case is handled after that. The assault lawyer first addresses those conditions. The firm defends the charge in New Brunswick and Nova Scotia, in the Provincial Court or, on election, before a jury.
What an Assault Lawyer Defends
Section 265 of the Criminal Code makes it an assault to apply force to someone intentionally without their consent, or to threaten to. Assault with a weapon and assault causing bodily harm fall under s. 267, aggravated assault under s. 268, and each carries a higher maximum. Most charges are hybrid. The Crown elects summary or indictable, and that election sets the court and whether you can choose a jury.
Both Provinces Prosecute Domestic Assault Under a Continue Policy
Both provinces prosecute domestic and intimate partner cases under Crown policies written to continue whether or not the complainant later wants them to. The case continues after a reconciliation. A breach of a no-contact condition is a new charge, even when the text was invited. Self-defence under s. 34, consent in a fight between adults, identity in a crowd, and reasonable doubt where the complainant’s account does not match the 911 call, the photographs and the messages are the defences in both provinces. A conditional discharge after a plea leaves no conviction, and so does a peace bond under s. 810 with the charge withdrawn.
Diversion and the Courts Differ Between the Provinces
Nova Scotia’s Restorative Justice Program accepts adult referrals, at the Crown’s or the court’s discretion, and completion ends the case without a conviction. Intimate partner cases are referred only in defined circumstances. New Brunswick relies on adult alternative measures under Crown policy for minor first offences. The courts are the Provincial Court of New Brunswick and the Court of King’s Bench, and the Provincial Court of Nova Scotia and the Supreme Court.
Assault Charges Follow the Same Steps in Both Provinces
In New Brunswick the work is the bail hearing, an application to vary the no-contact condition, a review of the disclosure and a trial in the Provincial Court or the Court of King’s Bench. In Nova Scotia the same steps run in the Provincial Court or the Supreme Court, and the defence asks for a Restorative Justice referral where the Crown policy allows one. Legal aid covers assault charges for those who qualify. For those who do not, the firm quotes an initial retainer, paid into the firm’s trust account before the file opens.
The Firm Defends Assault Charges in New Brunswick and Nova Scotia
The Complainant Wants to Drop the Charges.
They cannot. The Crown decides, under a policy written to continue. The complainant’s wishes are a factor in the Crown’s decision.
Should I Speak to the Police to Give My Side?
Not without counsel. The interview is designed to obtain admissions, and you have the right to silence and to a lawyer first.
The firm’s assault guide covers the offence in more detail. Other criminal charges are handled under criminal defence. The firm’s other work is described under injury law areas.