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  1. #1
    Join Date
    Feb 2007
    Posts
    1

    Default Assault Causing Bodily Harm

    Hello,
    Last year in April I was charged with assault in Ontario, Canada and I am 25 years old. Here is what happened.
    My girlfriend and her sister and her boyfriend(lets say his name is Bob) were walking to the bar when Bob bumped into some guy on the street totally by accident. The guy then turned around and told Bob to watch were the ____he was going, I then stepped in and said to the guy to relax Bob was only 19 the guy then punched me in the face twice. I was shocked and didn't do anything but walk away.
    Later that night we were at a bar visiting with my gfs roomates when we met up with the guy from earlier. He told Bob and I that we should come outside. He was arguing with us and trying to egg us on. He got into our faces yelling and then punched Bob. We argued some more and just as we were starting to walk away he jumped my Bob from behind and go thim to the ground and was beating on him. I then stepped in and pulled the guy off Bob and then the guy started beating on me. Then the guys gf came out of nowhere and started kicking me in the head. Somewhere in this scuffle I was also bitten on my right hand pretty bad.
    My gf and her sister pulled Bob to the side, he was very dizzy and confused. I got up and was wondering were my gf went to and was looking around for her when the guy'g gf got into my face yelling at my, pushing me and then she punched me in the face. I then in turn punched her in the face with my left hand as my right hand was bitten and bleeding pretty bad (I am right handed)
    The cops were called and I was arrested for assault. When my gf came over to see what was going on she said that I was very confused and didn't really know who she was. I hadn't been drinking at all that night and I don't do any sort of drugs. I figured I was so disoriented from being kicked in the head by the guys gf so many times.
    I was then taken to the police station and released early the next morning.
    My gf took me to the hospital when I was released becasue my hand was a mess. The police wouldn't give me any sort of medical attention. The doctor said that I had a major infection in my hand and there were a few small fractures(probally from being stepped on). I had to have a VON come into my house every night for 7 days to administer antibiotics through IV. I had to were a splint on my right hand all the time. I missed a week of work due to this with no pay.
    I contacted a lawyer. I pled not guilty. The crown decided to upgrade my charge from assault to assault causing bodily harm becasue the girl had to have some dental work done. We went to court and the girl testified and told a bunch of lies that didn't match what she said in the police report and my lawyer caught her in many lies. Her witnesses statments also didn't match what they said in the police report and they were all unable to identify me as the person who punched her. My lawyer didn't get me or any of my witnesses to testify because he thought that he won the case on the fact of all the lies and no one being able to identify me. But I was convicted of assault causing bodily harm. I am now waiting for my sentencing hearing next week. I have done my pre-sentencing report with the probation officer.
    I was just wondering what kind of sentence I will be recieving. As I stated earlier this happened in Ontario, Canada. My lawyer says that the crown will want jail time so he wants my gf to testify then and tell the judge exactly what happened. My lawyer thinks that I will only get some probation, but he also thought that I would win the case so I would like some second opinions. I am currently taking classes to work toward my Certified General Accountant designation and I am working two jobs as my gf is unable to work due to health reasons and so my income is the only thing we have coming in. So I don't know what I will do if I have to go to jail. Also how long does it take until this charge is off my record.

    Any help with this would be appreciated.
    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Assault Causing Bodily Harm

    This is a U.S.-centered forum, so you're better off asking in a forum that focuses on Canadian laws. But I wouldn't be at all surprised if you get probation.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Assault Causing Bodily Harm

    Quote Quoting Mr. Knowitall
    View Post
    This is a U.S.-centered forum, so you're better off asking in a forum that focuses on Canadian laws. But I wouldn't be at all surprised if you get probation.
    When the crown wants jail time, the crown gets jail time.

    At least that's what I read in the newspaper the last time I was in Ontario!

  4. #4
    Join Date
    Jan 2007
    Location
    Ontario, Canada
    Posts
    122

    Default Re: Assault Causing Bodily Harm

    Canadian answer to the rescue. With deference to the seniorjudge, I think you will get a period of probation with conditions.

    Probation will probably be in the range of 2 years. Conditions will be to keep the peace and be of good behaviour, not to communicate directly or indirectly with the victim or witnesses in the incident and not to enter a licenced establishment except for those known to be family restaurants.

    You will be prohibited from owning or possessing firearms, ammunition, weapons and explosives for a period of 10 years.

    You will have to submit DNA to the national database.

    You may have to pay a fine. I would guess in the area of $1000.00.

    You may receive a short sharp period of incarceration, but I highly doubt it. It might be 14 days, which your lawyer could petition to be served on consecutive weekends. I don't think jail will be in the sentence though.

    Regarding a pardon; 5 years after your sentence is completed, you can petition the National Parole Board to have a pardon. Between now and then, you must be on your best behaviour and be able to prove it.

    Let us know how it goes.

    All the best!

    Jay

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