Assault
Assault Charges: Defend Your Rights
Definition Of Assault The Criminal Code of Canada states that an attack happens when: One willfully uses force, either directly or indirectly, against another individual. A person attempts to use force or threatens to use it against another individual. A person creates a misleading impression that they are able to carry out an assault, based on reasonable suspicion. Approaching, blocking, or pleading with someone while visibly carrying or displaying a weapon or imitation. If consent is obtained through deception, force, threats, fear of force, or misuse of authority, it is considered invalid. This definition of assault covers a wide range of assault behaviors, such as aggravated assault, sexual assault, attack with a weapon, threatening to hurt someone else, and causing bodily harm. Defending Assault Charges As experienced criminal assault attorneys, we can assess whether you have a robust defense against the allegations you face. Common defenses to assault charges include: Self-defense: You acted to protect yourself from imminent harm or danger. defense of others: You acted to protect someone else from imminent harm or danger. Consent: In contexts such as sports or recreational activities, the other person consented to physical contact. Accident: The physical contact was accidental or unintended. Alibi: You can provide evidence that you were not present when the alleged assault took place. Identity error: You were incorrectly identified as the person who committed the assault. We invite you to speak with us if you think you have an answer or defense for the accusations. We will assess the strengths of your case and recommend the best line of action for you. Summary Vs Indictable Assaults In Canada, petty assault charges are generally considered less serious and are categorized as summary conviction offences. More serious assaults are classified as indictable offences. The decision to proceed with charges as either a summary conviction or an indictable offence is at the discretion of the Crown attorney. Typically, common assault cases are dealt with as summary offences in court. However, if the assault is severe or results in injury, the prosecution might choose to pursue it as an indictable offence to seek more severe penalties. If you are facing assault charges or any criminal accusations and are concerned about the potential for a criminal record, consulting with an assault attorney is essential. They can provide guidance on your defense strategy and represent you to protect your rights and achieve the best possible outcome for your case. Common Assault In Canada, common assault is the least severe form of assault. It typically involves actions like pushing someone, which results in minimal injuries, such as minor scrapes or bruises. For common assault cases, the Crown attorney might opt for alternative resolutions like community service, conditional discharges, or diversion programs, especially if the defendant has no prior criminal record. As criminal assault attorneys, we advocate on your behalf in court, negotiate with the prosecutor, and aim to have your charges dropped or settled outside of court. Domestic Assault Domestic abuse occurs when individuals in a relationship—whether through marriage, common-law partnership, family, or dating—engage in aggressive behaviour towards each other through words, actions, or gestures. When violence occurs in these relationships, the police are required to intervene by making an arrest and removing the accused from the home. At bail hearings, the prosecution typically seeks conditions to prevent the accused from returning to the residence and contacting other family members. Given the severity of domestic assault and its impact on public safety, Crown attorneys prioritize these cases for prosecution. To effectively navigate the legal process and handle negotiations with the Crown attorney, it is crucial to hire an assault lawyer or criminal defense attorney experienced in domestic assault cases. Sexual Assault An assault that compromises the victim's sexual integrity is classified as sexual assault. The definition provided by the Supreme Court of Canada highlights that the act does not necessarily require physical contact with a specific body part. Rather, it centers on sexual acts that compromise the victim's sexual integrity. Relevant aspects to consider while looking into cases of sexual assault include the following: The specific body area that was touched The nature of the contact The circumstances leading up to the contact, including the environment Any subsequent words or gestures Other relevant contextual factors Any threats, whether or not accompanied by physical force It is essential to recognize that sexual assault can involve individuals of any gender, and the assailant may even be of the same sex as the victim. Additionally, spousal assault charges can arise between partners, underscoring the legal framework that addresses domestic abuse. Charges of assault causing bodily harm are regarded as highly serious offences. Potential legal consequences include substantial fines, probation, or imprisonment. Call us to discuss your assault charge.