Assault
Assault Charges: Defend Your Rights
"Maintain a clear record - Assault charges can result in a criminal record."
Definition Of Assault Charges
As criminal assault attorneys, we have a great deal of experience defending people against charges of violence. Regardless of the severity of the incident, we are prepared to effectively represent you in criminal court.
Common assault accusations are frequently settled with diversionary programs, modest fines, community service, or peace bonds, which leads to the charges being withdrawn or abandoned.
Contact us today to speak with an assault lawyer at 905-798-3776 or reach out to our office for assistance."
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.
- Someone tries to use force against another, or makes threats about doing so.
- Someone gives someone else the false impression that they are capable of carrying out an assault on the basis of reasonable suspicion.
- Approaching, obstructing, and/or begging someone while openly donning or carrying a weapon or copy.
If consent is acquired by deception, the use of force, threats or fear of force, or the exercise of authority, it is not regarded as legitimate.
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.
Assault Defenses- Defending Assault Charges
We can determine whether you have a strong defense to the allegations you're facing since we are experienced criminal assault attorneys. Typical responses to accusations of assault include:
- Self-defense: You took action to keep yourself safe from damage or danger that was about to happen.
- Defense of others: You took action to keep someone else safe from danger or impending harm.
- Consent: In sports or leisure activities, the other person gave their permission for physical contact to occur.
- Accident: There was an inadvertent or accidental physical touch.
- Alibi: You can offer proof that you weren't there when the claimed attack allegedly occurred.
- Identity error: The person who attacked you was mistakenly identified as you.
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, charges of petty assault are often categorized as less serious summary conviction offenses. Conversely, more severe transgressions fall under the category of indictable offenses.
Whether to continue with the charges as an indictable offense or by summary conviction is up to the Crown attorney's discretion.
Typically, common assault allegations are handled as summary offenses in court. On the other hand, the prosecution may decide to prosecute the case as an indictable offense in order to seek harsher punishments upon conviction if the attack is of a serious character or causes injury.
Speak with an assault attorney to go over your defense plan if you're facing any criminal accusations, including assault charges, and the potential for a criminal record. To help defend your rights and get the best result for your case, they can offer advice and representation.
Common Assault
In Canada, common assault is considered the least serious type of attack. It happens when someone pushes against someone else, usually leaving little to no marks or just a scrape or little bruise.
In common assault cases, the Crown attorney may choose alternative settlements such as community service, conditional discharges, or diversionary programs, particularly if there is no prior criminal record. As criminal assault attorneys, we stand up for you in court, engage in negotiations with the prosecutor, and try to get your charges dropped or settled out of court.
Domestic Assault
Domestic abuse is when two people who are in a relationship—such as a marriage, a common-law partnership, a familial relationship, or a dating relationship—behave aggressively against each other, either by words, deeds, or gestures.
In cases where violence breaks out in these kinds of relationships, the police are required to step in, make an arrest, and take the accused out of the house. In addition to other corrective measures, the prosecution usually requests conditions at bail hearings that keep the accused away from the home and other family members.
Crown attorneys prioritize prosecution in domestic assault cases due to their seriousness, considering them to be major incidents that impact public safety. In order to navigate the legal system and represent you in negotiations with the Crown attorney, it is imperative that you retain the services of an assault lawyer or criminal defense attorney skilled in handling domestic assault matters.
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 precise body area touched
- The type of contact
- The events leading up to the contact, such as the environment in which it took place
- Any further words or gestures
- Additional contextual factors
- Any threats, with or without physical force
It is crucial to understand that sexual assault victims and perpetrators can be of any gender, and that the attacker may even be the victim's own sex. Moreover, spouses may face charges of assault against one another, which reflects the laws pertaining to domestic abuse.
Charges of assault resulting in bodily harm are considered to be extremely serious crimes, and there may be fines, probation, or even jail time as possible legal repercussions.
Call us to discuss your assault charge today