SERIOUS VIOLENT CRIMES

Serious violent offences commonly include: robbery, assault causing bodily harm, aggravated assault, manslaughter, and murder. These offences occur in a wide range of contexts such as: Domestic disputes, sporting events, bars and nightclubs, motor vehicle collisions, and even targeted attacks. They may also involve the use of weapons such as firearms and knives.


Investigations of serous violent offences vary in complexity. They can range from a fist fight caught on video to a premeditated murder between gang rivals. The police take violent crimes very seriously. In some cases, this results in significant media coverage and resources being used to investigate the offence including: searches and seizures relating to individuals, residences, and businesses as well as wiretaps. Often times forensic professionals such as blood splatter experts and pathologists are retained and consulted to assist with the investigation and understand the evidence.

 
Defence of serious violent offences requires meticulous preparation and legal research. Depending on the context, there are a number of potential defences that may apply including self-defence, intoxication, and provocation. In some cases, individuals may rely on the defence of “Insane automatism” and “Non Insane automatism”. "Insane automatism" refers to involuntary action that results from a disease of the mind. Insane automatism triggers a verdict of not criminally responsible on account of mental disorder. "Non insane automatism" refers to an involuntary action that does not arise from a disease of the mind; such a finding results in an acquittal.

 
Prosecutions of serious violent offences are often lengthy, high stakes and emotionally charged affairs. Persons charged with serious violent crimes can often suffer damage to their reputation because of high profile media attention. The penalties for a conviction are not limited to the possibility of incarceration. Convicted persons are often subject to lengthy weapons prohibitions and orders that they submit their DNA to government data banks. It is not uncommon for serious violent crimes to be prosecuted in conjunction to civil proceedings.  For example, person A hits person B with a bottle over the face at a bar. This results in a permanent facial deformity to person B. The police could lay a charge of aggravated assault in relation to person A. Person B could also file a separate civil lawsuit in relation to person A for assault and battery. 

 

Yoav has represented clients on the full range of serious violent crimes. He recently acted as lead counsel in an aggravated assault case a child sustained life altering brain injuries. The trial lasted many weeks over the course of a year and involved expert and complex medical evidence. The client was acquitted. 

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T2N 2H9

 

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yoav@yoavniv.ca

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Phone: 587-968-6721