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. A reconciliation does not end the case. A breach of a no-contact condition is a new charge, even when the text was invited. The defences are the same in both provinces. Self-defence under s. 34. Consent, in a fight between adults. Identity, in a crowd. Reasonable doubt, where the complainant’s account does not match the 911 call, the photographs and the messages. Two outcomes leave no conviction: a conditional discharge after a plea, and a peace bond under s. 810 with the charge withdrawn.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.
The Firm Runs Assault Files From Moncton, Saint John and Halifax
In New Brunswick the Moncton and Saint John offices take the bail hearing, apply to vary the no-contact condition, review the disclosure and run the trial in the Provincial Court or the Court of King’s Bench. In Nova Scotia the Halifax office does the same in the Provincial Court or the Supreme Court, and 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 a block fee after the first appearance.
The Province Pages
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.
Read the firm’s assault guide. The other criminal charges are listed at criminal defence; every practice area is under injury law areas.