Case Study: Withdrawal – Assault charges
Ms. T and the complainant were close friends for many years. They had a mutual circle of friends and spent weekends together. However, at some point things began to take the wrong turn between the two; conflict and misunderstandings were growing. One day, the situation between the two females went out of control and resulted in a heated fist fight. Ms. T and the complainant did not hold back; punches were thrown, clothing was ripped and words were thrown. On the one hand, our client alleged the complainant went at her, and to protect herself, she assaulted her. On the other hand, the complainant alleged our client was the only initiator. There were no witnesses to the incident. Ms. T did not have a criminal record.
The objective was to avoid a criminal conviction. Ms. T was a young woman with no criminal record and a stable employment. A conviction for assault could potentially mean Ms. T could no longer work in her field. We could not risk Ms. T having to change her career and leave the job she so much enjoyed.
We knew from the start that if we cannot have the charge withdrawn, we will take the case to trial. This would mean a trial evolving around different versions as to what took place during the incident. There were no witnesses who could speak as to the incident and backup either version. Fortunately, we were able to get a peace bond for our client.
The assault charge was withdrawn.