New Brunswick Assault Lawyers

An assault charge in New Brunswick usually begins with a night in cells and a release order that says you cannot go home. A New Brunswick assault lawyer’s first job is that release order. The next task is the case itself, which the Crown has to prove beyond a reasonable doubt in the Provincial Court or, if you elect it, before a jury in the Court of King’s Bench.

Section 265 Defines the Charge

Under s. 265 of the Criminal Code, an assault is the intentional application of force without consent, or a threat of it with the present ability to carry it out. Assault with a weapon and assault causing bodily harm (s. 267) and aggravated assault (s. 268) carry higher maximums. Most simple assaults are hybrid: the Crown elects summary or indictable, and the election decides the court, the maximum, and whether a jury is available. In New Brunswick a domestic assault is treated by Crown policy as a case that will not be withdrawn merely because the complainant asks.

Release Conditions Come First

After an arrest in Moncton, Saint John or Fredericton you are either released by police on an undertaking or held for a bail hearing in the Provincial Court, usually the next morning. The standard conditions in a domestic matter are no contact with the complainant and no attendance at the shared home. A lawyer at that hearing can argue for conditions that let you see your children and collect your things, and can apply to vary them later. Breaching a condition is a new charge and the most common way a defensible case becomes a difficult one.

The Defences a New Brunswick Assault Lawyer Runs

Self-defence under s. 34 applies where the force was reasonable in the circumstances as you perceived them. Consent applies in a fight between adults where no serious injury was intended. Identity is the defence in a bar or a crowd. Reasonable doubt is the defence where the only evidence is the complainant’s account and it does not hold together against the texts, the 911 recording and the injuries. Every one of these depends on disclosure, which the Crown must provide and which we review in full before advising on a plea.

A Peace Bond or a Discharge Leaves No Conviction

Where the evidence is thin or the injuries minor, the Crown may agree to withdraw the charge on a peace bond under s. 810, which is not a conviction, or to a conditional discharge after a guilty plea, which leaves no conviction on the record if the conditions are kept. Our negotiation is aimed at the outcome that does not follow you across a border or into a job application.

Trial Is in the Provincial Court or the Court of King’s Bench

The Provincial Court judge hears a summary trial. An indictable charge lets you elect Provincial Court, King’s Bench judge alone, or King’s Bench judge and jury, and the election is a tactical decision made with counsel. Legal Aid New Brunswick covers assault charges for those who qualify; for those who do not, the firm quotes a block fee after the first appearance.

The Moncton office and the Saint John office both defend assault charges.

The Complainant Wants to Drop the Charges. Can They?

No. Once charged, the Crown decides. A complainant who no longer wishes to proceed is a factor the Crown weighs, not a switch that ends the case.

Can I Contact My Partner If We Both Want to Talk?

Not while a no-contact condition is in force, even by text and even if they message first. Apply to vary the condition; do not test it.

Will an Assault Charge Show on a Record Check?

A conviction will. A withdrawn charge, a peace bond or an absolute discharge is handled differently, and the record check type matters. We explain what each outcome shows before you decide anything.

Should I Give Police a Statement?

Not without counsel. You have the right to silence and to speak to a lawyer before any interview, and the interview is where most defensible cases are lost.

Read the firm’s assault guide and what happens after a domestic assault arrest in New Brunswick. The other criminal areas are under injury law areas.