Charged With Assault in Vancouver? A Former Crown Prosecutor Is Ready to Fight for You.
An assault charge in Vancouver can arrive without warning — a heated argument that escalated, a night that got out of hand, or a domestic dispute where police showed up and someone ended up in handcuffs. Regardless of what happened, you are now facing the full weight of the Canadian criminal justice system, and the decisions you make in the next 24 to 48 hours will shape the outcome of your case.
At Vayeghan Litigation, our assault defence practice is led by Mo Vayeghan, a former Crown Prosecutor who has experience on both sides of the courtroom. He knows how Crown builds assault cases, what evidence they rely on, and — critically — where those cases fall apart. That inside knowledge is the single greatest advantage we bring to every client we defend.
The Advantage of a Former Crown Prosecutor on Your Side
Mo Vayeghan prosecuted serious criminal files before crossing the floor to criminal defence. He knows which assault cases Crown will push hard on, which witnesses they will rely on most, and exactly which arguments prosecutors find most difficult to counter. When you retain Vayeghan Litigation, you are not just hiring a defence lawyer — you are hiring someone who has sat across the table from your lawyer’s position and knows every move in the playbook.
Assault Charges We Defend in Vancouver
The Criminal Code of Canada contains several assault-related offences, each carrying different penalties and requiring a different defence strategy. Vayeghan Litigation defends clients facing all of the following:
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Simple Assault (s. 266)
The most common charge — applying force intentionally, or threatening to do so. Despite being treated as less serious, a conviction still results in a criminal record with lasting consequences.
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Assault Causing Bodily Harm (s. 267)
Where the complainant suffered injuries beyond minor bruising. Carries a maximum of 10 years on indictment. Witness credibility and the nature of the injuries are central to the defence.
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Aggravated Assault (s. 268)
The most serious assault charge — wounding, maiming, disfiguring, or endangering life. Maximum sentence of 14 years.
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Domestic Assault
Assault involving a current or former intimate partner. Treated with heightened scrutiny by Vancouver police and Crown — but also subject to unique defences and withdrawal considerations.
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Assault of a Peace Officer (s. 270)
Assaulting, resisting, or obstructing a police officer in the execution of their duty. Crown takes these matters seriously, but so do we — procedural defences are often available.
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Uttering Threats (s. 264.1)
Often charged alongside assault — threatening to cause death or bodily harm. Context and intent are everything, and we have successfully argued these charges down to peace bonds or full withdrawals.
Charged With Domestic Assault in Vancouver? Here Is What You Need to Know.
Domestic assault — assault involving a spouse, common-law partner, boyfriend, girlfriend, or former intimate partner — is treated differently from other assault charges in British Columbia, and understanding those differences could determine whether you keep your home, your children, and your freedom.
Vancouver Police Have a Mandatory Charge Policy
In BC, police who attend a domestic disturbance and have reasonable grounds to believe an assault occurred are required to lay charges — regardless of what the complainant wants. This means that even if your partner does not want to press charges, even if they insist the incident was a misunderstanding, the Crown will often proceed with the prosecution anyway.
This is one of the most important things people do not understand about domestic assault in Vancouver: the complainant does not control whether you are charged or whether the case proceeds. The Crown does. And the Crown takes domestic matters seriously.
No-Contact Conditions Are Often Imposed Immediately
Upon arrest for domestic assault, you will typically be released with a no-contact condition prohibiting you from communicating with the complainant. In many cases, you will also be ordered to leave the family home — even if you are the primary tenant or owner. These conditions can take weeks or months to vary, causing enormous disruption to your family, your children, and your finances.
Retaining a lawyer immediately — before your first court appearance — gives us the best opportunity to seek a variation of those conditions and minimize the disruption to your life.
⚠️ Do Not Contact the Complainant
If you have been released with a no-contact condition, do not reach out to the complainant — not by phone, text, social media, or through a third party. A breach of your release conditions is a separate criminal offence that will make your situation significantly worse. Contact us first, and we will advise you on the proper legal process for seeking a variation of those conditions.
Complainant Recantation Does Not Automatically End the Case
In domestic matters, it is common for a complainant to reconsider their statement and wish to have charges dropped. Many people are surprised to learn that the Crown can — and frequently does — proceed with the prosecution even without the complainant’s cooperation, relying instead on police notes, 911 recordings, photographs of injuries, and prior statements.
This is exactly where a former Crown Prosecutor’s insight becomes invaluable. Mo Vayeghan has seen domestic cases from both sides. He knows when the Crown’s case is sustainable without the complainant, and when it is not. He knows how to approach Crown in these situations to secure a withdrawal, a peace bond, or the most favourable resolution available.
How We Defend Assault Charges in BC
No two assault cases are the same, and we never approach them as if they are. After reviewing the Crown’s full disclosure, we build a strategy tailored to the specific facts of your case. Common defence approaches include the following.
Self-Defence
Section 34 of the Criminal Code permits a person to use reasonable force to defend themselves or another person from a threatened or actual use of force. The reasonableness of your response — in light of your perception of the threat — is central to this analysis. We have successfully argued self-defence before juries at BC Supreme Court.
Challenging Witness Credibility
In many assault cases, particularly domestic matters, the Crown’s case rests almost entirely on the complainant’s testimony. Thorough cross-examination — exposing inconsistencies between a witness’s trial evidence and prior statements to police — is one of the most effective tools in criminal defence. Mo Vayeghan’s courtroom experience makes him a formidable cross-examiner.
Charter Violations
If police violated your rights under the Canadian Charter of Rights and Freedoms — for example, by conducting an unlawful search, failing to advise you of your right to counsel, or obtaining a statement from you in violation of section 10(b) — we will bring an application to exclude that evidence. In many cases, the Crown’s case collapses when key evidence is excluded.
Consent
In limited circumstances, consent can be a valid defence to an assault charge. Where parties engaged in conduct that was mutually agreed upon, consent may negate the criminal element of the offence.
Negotiating With Crown
Not every case requires a trial — and not every resolution that avoids trial is a bad outcome. In appropriate cases, we negotiate with Crown prosecutors to secure a withdrawal of charges, a peace bond, a lesser included offence, or a conditional discharge. A conditional discharge means that even if you plead or are found guilty, no criminal record is registered if you complete a period of probation successfully.
Our Track Record in Assault Cases
Case Result
R. v. A.M. (2023) — Client faced charges of sexual assault, assault by choking, and uttering threats, with the potential for a lengthy jail sentence. The matter proceeded to a weeks-long jury trial in the Supreme Court of British Columbia. Following an intense three-day cross-examination of the complainant, the jury returned a unanimous verdict.
✓ Not Guilty on All Charges. Full Acquittal.
Case Result
R. v. J.L. (2022) — Client faced a serious aggravated assault charge with the risk of a long-term custodial sentence. The matter proceeded to trial before a judge and jury at BC Supreme Court. The jury heard and accepted arguments on self-defence.
✓ Acquittal: Jury Finds Client Not Guilty of Aggravated Assault. No Criminal Record.
Past results are not guarantees of future outcomes. Every case turns on its specific facts.
Why Fighting Your Assault Charge Matters — The Real Stakes
Many people charged with assault — particularly in a domestic context — consider simply pleading guilty to “get it over with.” This is almost always a mistake made without understanding the full consequences of a criminal record.
Employment and Professional Licensing
A criminal conviction for assault will appear on background checks. Most regulated professions in BC — healthcare, education, finance, law, real estate — require disclosure of criminal records and may revoke or refuse licensing. Employers in security, government, and childcare conduct routine checks. A conviction for a violence-related offence can end a career or close an entire field to you.
Immigration Consequences
For non-citizens, a conviction for assault — particularly one involving bodily harm or a weapon — can trigger inadmissibility findings, removal proceedings, or bars to future citizenship applications. This is an area where the stakes could not be higher, and Vayeghan Litigation’s dual expertise in criminal defence and immigration law is a significant advantage.
Family Law and Parenting
A domestic assault conviction can directly impact family court proceedings — affecting parenting time, decision-making authority, and the court’s overall assessment of your character as a parent. We coordinate our criminal defence strategy with an awareness of any parallel family law proceedings to avoid outcomes in the criminal court that undermine your position in the family court.
Travel
A conviction for certain assault offences can render you inadmissible to the United States under US immigration law. Crossing the border — for work, leisure, or family — may become significantly complicated.
Frequently Asked Questions — Assault Charges in Vancouver
Can assault charges be dropped in BC if the complainant doesn’t want to proceed?
Not automatically. In domestic matters especially, the Crown can proceed without the complainant’s cooperation using police notes, 911 recordings, and prior statements. However, a complainant’s unwillingness to testify is a significant factor in the Crown’s assessment of the public interest in proceeding. An experienced defence lawyer can use this strategically to seek a withdrawal or peace bond. Contact us early — the sooner we engage with Crown, the more options we have.
What is a peace bond and is it a criminal record?
A peace bond (section 810 recognizance) is a court order requiring you to keep the peace and abide by certain conditions for a period of time — typically up to 12 months. Entering into a peace bond is not a guilty plea and does not result in a criminal record. It is often an excellent resolution for first-time accused in domestic or assault matters where the Crown’s case has weaknesses. If you comply with the conditions, the matter is resolved without a conviction.
Will I go to jail for a first assault charge in Vancouver?
Jail is not automatic for a first offence assault conviction, particularly for simple assault or assault causing bodily harm. Sentencing depends on the severity of the offence, the presence of injuries, your background, and mitigating factors. However, aggravated assault and domestic assault involving aggravating factors carry a real risk of custody — which is precisely why having a strong defence lawyer matters, even at the sentencing stage.
Can I get a conditional discharge for assault?
A conditional discharge is available for assault offences that do not carry a minimum sentence, where the court concludes it is in your best interest and not contrary to the public interest. If granted, you serve a period of probation and, upon successful completion, no criminal record is registered. This is one of the best possible outcomes for first-time accused, and Vayeghan Litigation regularly pursues this resolution where the facts support it.
How do I get a no-contact order varied after a domestic assault charge?
Varying a no-contact condition requires either a consent variation (agreed by both parties and Crown) or a formal application to the court. We regularly bring these applications on behalf of clients. The strongest applications include a letter or affidavit from the complainant confirming they consent and are not under pressure, evidence that the parties have children or shared responsibilities requiring communication, and a safety plan. Contact us — we can advise you on the fastest and most effective path to a variation.
What should I say to police after being arrested for assault?
Nothing — beyond providing your name and date of birth. You have the right to remain silent under the Canadian Charter of Rights and Freedoms, and that right exists precisely because statements made under the stress of arrest are frequently used against accused persons at trial. Clearly and calmly state: “I want to speak to a lawyer.” Then stop talking. Call Vayeghan Litigation at (778) 653-3995 — we are available 24 hours a day, 7 days a week.
Serving Assault Defence Clients Across Metro Vancouver
Vayeghan Litigation defends assault charges before courts throughout the Lower Mainland, including:
VancouverBurnabySurreyRichmondNorth VancouverWest VancouverCoquitlamPort MoodyNew WestminsterLangleyAbbotsfordMaple RidgeDeltaWhite Rock
Contact a Vancouver Assault Lawyer Today
An assault charge — whether it arises from a domestic dispute, a bar fight, or a disagreement that went too far — is a serious matter that demands serious representation. The decisions you make in the hours and days after being charged will shape the trajectory of your entire case.
At Vayeghan Litigation, we offer free, confidential consultations 24 hours a day, 7 days a week. Led by a former Crown Prosecutor who has spent his career on both sides of these courtrooms, our team is ready to review your case and tell you exactly where you stand — and exactly what we can do.
Do not speak to police. Do not contact the complainant. Call us first.
Free Consultation — Available 24/7
Charged with assault or domestic violence in Vancouver? The sooner you call, the more we can do. Let a former Crown Prosecutor review your case today.📞 Call (778) 653-3995
