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Assault Causing Bodily Harm

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  • 10-10-2011, 11:42 AM
    Gurly
    Assault Causing Bodily Harm
    My question involves criminal law for the state of: Canada

    Me and my boyfriend are getting charged under the Criminal Code Section 267 Assault Causing Bodily Harm against eachother, drinking was a factor. As the result he got approx. 15 stitches to the head only hit him once with an object, my injuries a fractures nose and sprained wrist, bumps to the head and bruises. I do not have a criminal record, we both left statments (stories matched) not thinking we needed a Lawyer present. The RCMP laid the charges and both ended up in custody with medical attention. He was pushing me around causing me to fall on furniture which caused bruising, I grabbed the object with was insight hit towards him not intending to hurt him, just to stop him. I walk to grab him a cloth when he came from me hitting with his fist while I was curled up on the floor. When the RCMP showed there was blood everywhere. We did not want to charges laid against eachother now we are under mutiple conditions. Is there any suggests for these charges to be dismissed?
  • 10-10-2011, 01:34 PM
    aardvarc
    Re: Assault Causing Bodily Harm
    This site deals with US law. But even under Canadian law, that BOTH parties got charged isnt' a reason for the prosecution to be dismissed. Regardless of either/both victim's wishes, once a crime has been reported to authorities, they have an obligation to treat it as such. Only the crown attorney can decide whether or not to continue with the case, and with domestic violence cases with injury, odds are NOT high they they will do so - they'd rather prosecute the case as a domestic violence one now, rather than a homicide case later. Consult locatl counsel.
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