Assault
Assault is a serious criminal charge that can have serious consequences. If you face assault charges, it is your right to contact a lawyer and seek legal representation. An experienced criminal defence lawyer can help you understand the charges against you, evaluate the evidence, and mount the best possible defence. An attorney can be the difference between a criminal record and a clean state.
Send Us A Message
Ask about payment plans!
WHAT IS ASSAULT?
The Canadian Criminal Code (section 265) defines assault as:
There are many different types of assault charges.
Some common charges are:
Domestic
Violence
Aggravated
Assault
Common
Assault
Assault
With a Weapon
Uttering
Threats
Assault
Causing Harm
Proving a case
for assault
The Crown must prove two key factors to secure an assault conviction:
INTENTIONALITY: The accused had the intention to apply force, threaten to apply force, or interfere with a person while having a weapon.
ABSCENSE OF CONSENT: The victim did not consent to the application of force or interference.
A person cannot be convicted of assault if they do not act intentionally. For example, if you stumble on a busy sidewalk and collide with another person, knock them to the ground and cause them injury, you did not commit the cime of assault. (Note: Whether you or anyone else is liable to pay for their injuries is a matter of civil law and separate from any criminal penalties.)
A person also does not commit assault when using force on a willing individual. A dentist pulling a patient’s tooth at their request, persons engaging in a consensual boxing match, or teammates playing hockey does not constitute assault, even though individuals may threaten or use force on each other.
One common misconception about assault charges is that there must be a physical injury. However, if an assault results in injuries, the charges may be increased, and the potential penalties may be greater.
Threatening to use force against a non-consenting individual can constitute assault. However, charges are not usually brought unless the threat is accompanied by an action that moves beyond mere words (such as gesturing with a weapon while yelling threats of harm).
The facts of a case will often include many different accounts of what happened. A skillful attorney can often call one of the critical factors into question (for example, proving consent by getting a witness to admit an alleged victim agreed to “take things outside”). Talking to a lawyer can help you understand how to challenge the charges against you in the most effective way.
Penalties For
Assault
Even when there are no additional or aggravating factors (“common” or “simple” assault), you may serve up to five years in prison if you are convicted of assault. More serious charges, such as sexual assault, assault with a weapon, aggravated assault, threats to a third party, assault against a police officer, and assault causing bodily harm can result in much longer terms of imprisonment. Prosecutors pursue domestic assault charges particularly aggressively because of the vulnerable nature of the relationship and setting.
Even when there are no additional or aggravating factors (“common” or “simple” assault), you may serve up to five years in prison if you are convicted of assault. More serious charges, such as sexual assault, assault with a weapon, aggravated assault, threats to a third party, assault against a police officer, and assault causing bodily harm can result in much longer terms of imprisonment. Prosecutors pursue domestic assault charges particularly aggressively because of the vulnerable nature of the relationship and setting.
Sentencing varies widely based on judicial discretion and the recommendation of the prosecutor. Many types of assault charges can be brought as either summary offences (lesser charges punishable by a fine, probation, or short jail sentence) or indictable offences, depending on the facts and severity of the case. Don’t fall into the trap of thinking a summary conviction for assault isn’t serious—even if you don’t serve any jail time, you will have a criminal record. You are entitled to retain legal representation for all criminal assault charges.
Some charges may be eligible for alternative sentencing options like domestic violence reduction programs. An experienced criminal defence lawyer knows how to present the right legal defences, mitigating factors, and questions of law to reduce the penalties or avoid conviction altogether.
It is vital to retain an experienced, compassionate criminal defence lawyer to vigorously represent you and protect your rights, reputation, and freedom. Our attorneys have many years of experience in the criminal courts, and we represent you without judgment.
