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* All identifying information had been edited to protect client confidentiality.

The domestic assault allegations against John included: assault, assault with a weapon, uttering a death threat, and forcible confinement.
John’s girlfriend found pictures of other women on his cell phone. A verbal argument ensued. John’s girlfriend left their apartment and phoned the police. She alleged that she had been forced to stay in the couple’s bedroom, where John choked, hit, and threatened her. The police took photos of bruising on her arm.John was adamant that his girlfriend attacked him in a jealous rage and that he defended himself with reasonable force.
A criminal record and likely jail time was not an acceptable outcome for a young man with a promising future like John.A thorough pre-trial investigation revealed that the complainant had a history of jealousy as well as mental health issues. These facts were used to construct a cross-examination to challenge the reliability and credibility of the complainant.A considerable amount of time was spent preparing John to effectively tell his side of the story to the judge. Even more time was spent preparing John for the questions and tactics he would face under cross-examination by the Crown prosecutor.
Ottawa domestic assault lawyer Brett McGarry successfully argued that John could have been acting in self-defence. The judge found that the girlfriend’s testimony contained important contradictions and that she could not reliably recall key events.John withstood a lengthy cross-examination by the Crown and the judge ruled that his testimony could not be rejected.John was found not guilty of all the domestic violence charges.
Brett McGarry Criminal Law
200 Elgin Street, Suite 800 Ottawa, Ontario , Canada K2P 1L5
Phone: 613-884-8576 URL of Map