Practice Areas

Assault charges in Canada span a wide spectrum — from simple assault (which requires no physical contact, only the threat of force) to assault causing bodily harm, assault with a weapon, and aggravated assault (wounding, maiming, or endangering life). Domestic violence allegations are treated particularly seriously by Alberta Crown prosecutors and often come with no-contact conditions from the moment of arrest.

Types of Assault Charges Defended

• Simple assault (s. 266 Criminal Code)
• Assault causing bodily harm (s. 267)
• Assault with a weapon (s. 267)
• Aggravated assault (s. 268)
• Domestic violence — intimate partner violence
• Uttering threats (s. 264.1)
• Criminal harassment / stalking (s. 264)

Key Defence Considerations

Self-defence (s. 34 Criminal Code), defence of others, and consent are all available defences depending on the circumstances. Credibility is often the central issue — evaluating the complainant's account, witness evidence, and any prior history requires careful, detailed preparation. David approaches every assault file with a complete assessment of the Crown's evidence and a tailored defence strategy.

Drug offences are prosecuted under the Controlled Drugs and Substances Act (CDSA). Charges range from simple possession to possession for the purpose of trafficking, trafficking, production, and importation — each carrying vastly different sentencing ranges. Drug investigations frequently involve searches of persons, vehicles, and residences, making Charter scrutiny of police conduct essential.

Charges Commonly Defended

• Possession of a controlled substance (Schedule I–IV)
• Possession for the purpose of trafficking
• Trafficking (sale, distribution, transport)
• Production or cultivation
• Importation and exportation

Charter Challenges in Drug Cases

The right to be free from unreasonable search and seizure (s. 8 of the Charter) is the cornerstone of drug defence. If police conducted a warrantless search, exceeded the scope of a search warrant, or lacked reasonable grounds for a stop, that evidence may be excluded under s. 24(2) of the Charter. David evaluates every drug file for these constitutional issues from day one.

Sexual offence allegations are among the most serious charges in the Criminal Code. A conviction can result in registration on the sex offender registry (SOIRA), and a criminal record with lifelong consequences for employment, relationships, and reputation. These cases demand a defence lawyer with experience in the specialized rules governing sexual offence proceedings.

Charges Defended

• Sexual assault (s. 271, 272, 273)
• Sexual interference with a minor (s. 151)
• Invitation to sexual touching (s. 152)
• Voyeurism and non-consensual distribution of intimate images
• Child pornography — making, distribution, and possession (s. 163.1)
• Historical sexual offences

Specialized Procedural Rules

Sexual offence proceedings are governed by complex rules: rape shield legislation (s. 276 and s. 278), publication bans, and restrictions on cross-examination. David is experienced in navigating these procedural requirements and in conducting thorough, principled cross-examination of complainants in a manner that serves the client's defence without unnecessary prejudice. Every sexual offence file receives meticulous attention to the law of consent, the complainant's prior statements, and the strength of the Crown's case.

Fraud charges — whether involving small amounts or millions of dollars — require a defence lawyer who can command a large volume of documentary evidence and present complex financial facts clearly and persuasively. Fraud investigations are often lengthy, and the charge is frequently laid after extensive police investigation. Early legal intervention, before charges are even laid, can be critical.

Types of Charges

• Fraud over/under $5,000 (s. 380)
• Theft (s. 322, 334)
• Breach of trust (s. 336)
• Forgery and uttering forged documents
• Identity theft and identity fraud (s. 402.1, 403)
• Computer fraud and cybercrime
• Mortgage fraud

Fraud convictions can carry prison terms and restitution orders. The Crown must prove both the act of deceit and resulting deprivation. David analyzes every element of the Crown's case — including the admissibility of financial records and the chain of evidence — to identify weaknesses and build an effective defence.

Canada's firearms laws are complex and unforgiving. These charges often intersect with drug trafficking investigations, domestic violence allegations, or gang-related matters, compounding the jeopardy a client faces.

Firearms Charges Defended

• Unauthorized possession of a firearm (s. 91, 92)
• Possession of a prohibited or restricted firearm
• Unsafe storage of firearms (s. 86)
• Careless use of a firearm
• Pointing a firearm (s. 87)
• Weapons dangerous to the public peace (s. 88)
• Trafficking in firearms (s. 99)
• Use of a firearm in the commission of an offence (s. 85)

The classification of the firearm, the circumstances of possession, the search and seizure of the weapon, and the question of authorization all require careful legal analysis. David identifies potential Charter violations and every element the Crown must prove beyond a reasonable doubt.

A bail hearing — formally called a show cause hearing — is your first and most critical appearance before the court after arrest. If bail is denied, you are detained in custody while your case proceeds. If bail is granted with restrictive conditions, those conditions govern your daily life until the case concludes.

A well-prepared bail application makes the difference between going home and being held in custody. David is available 7 days a week for urgent bail hearings.

What a Strong Bail Application Requires

• A realistic release plan addressing specific risks
• Evidence of community ties, employment, and lack of flight risk
• Addressing any specific concerns the Crown raises about public protection
• Reviewing the strength of the Crown's case to contextualize the risk

A conviction or sentence is not always the final word. Errors of law, misapplication of evidence rules, unreasonable verdicts, and unfit sentences are all grounds for appeal in Alberta. Appeals are heard at the Court of King's Bench or Alberta Court of Appeal depending on the circumstances.

Common Grounds for Appeal

• Errors of law by the trial judge (incorrect jury instructions, improper evidentiary rulings)
• Unreasonable verdict — no properly instructed jury could have convicted on this evidence
• Fresh evidence not available at trial
• Miscarriage of justice
• Sentence appeals (fitness of sentence, errors in principle)
• Charter violations not adequately addressed at trial

Appeals require a careful review of the entire trial record — transcripts, exhibits, and legal submissions — to identify and articulate the error that warrants intervention by a higher court. David approaches appeals with rigor and precision.

Young persons (under 18 at the time of the offence) are prosecuted under the Youth Criminal Justice Act (YCJA), which provides a separate framework designed to rehabilitate rather than purely punish. Youth records are protected and may be sealed, but serious offences can still result in significant sentences — including adult sentences in the most serious cases.

David defends young persons facing any criminal charge and navigates the specialized procedures, publication bans, and sentencing options available under the YCJA to achieve the best possible outcome.

Criminal defence does not stop at the charges listed above. Hersey Law accepts matters across the full range of Criminal Code offences, including:

• Impaired Driving & DUI (s. 320)
• Mischief and property damage (s. 430)
• Break and enter (s. 348)
• Robbery (s. 343)
• Extortion (s. 346)
• Kidnapping and forcible confinement (s. 279)
• Dangerous operation of a vehicle (s. 320.13)
• Failure to comply with bail conditions (s. 145)
• Breach of probation or recognizance
• Obstruction of justice (s. 139)
• Perjury (s. 131)

If you are facing a criminal charge not listed here, contact Hersey Law to discuss. Every person facing criminal prosecution deserves informed, dedicated legal representation.