Assault Defence Lawyers in Toronto
Although the term assault covers a wide variety of violent offences, all assault charges are serious in nature and can have a lasting impacting on your life through both legal and social consequences.
Section 265(1) of the Criminal Code of Canada describes assault as an intentional application or threat of application of force on another person, directly or indirectly. Assault is considered to be a hybrid offence in Canada, meaning that the Crown can choose to proceed as a summary or indictable offence. Indictable offences are more serious, whereas summary offences are less serious. How the Crown chooses to proceed will depend on a variety of factors, such as the seriousness of the incident and the criminal record of the accused.
Sentencing in assault cases is dependent on what kind of assault was committed (aggravated assault, sexual assault, etc.). However, a general or common assault charge, as an indictable offence, is punishable by a prison term of up to 5 years. Assault may also be punishable as a summary conviction offence, in which the maximum jail time would be six months. it is important to remember that sentencing is dependent on the individual circumstances of each case.
Key Takeaways
- Assault charges can be very serious – they can result in adverse legal and social consequences.
if you are convicted of assault, you may face up to five years in prison, depending on whether the Crown proceeds by summary or indictable offence. - If you are granted bail, you may have to comply with certain bail conditions imposed by the court such as limiting contact with certain individuals/locations or having a curfew.
- Being charged with assault can be a stressful and difficult situation to navigate. However, based on the individual circumstances of your case and with proper legal guidance, you may be able to beat your assault charge.
How can an assault lawyer in Toronto help?
It would be greatly beneficial to hire a criminal defence lawyer when facing assault charges. A criminal defence lawyer can review your case and give you personalized advice. They can give you important pre-charge advice so you can understand your rights given any situation. A lawyer can also help you interact with law enforcement so that you do not say anything that may be harmful to your case.
A lawyer can also help defend you by gathering relevant evidence, interviewing witnesses, and presenting strong defences in your favour. Processes in the criminal justice system are complex to navigate, and the help of an experienced criminal defence lawyer is crucial. Having a criminal defence lawyer ensures that you have strong representation in court, and that you can obtain the most desirable outcome for your situation.
Assault Charge in the Criminal Code of Canada
Assault is a broad term that can be used to describe many violent acts or threats.
Examples of Assault Charges
- Common/General Assault: Typically, these kinds of assault can happen when someone hits another person with their own body. For instance, punching or kicking someone.
- Assault with a Weapon: This kind of assault does not always have to involve the use of a gun or knife. Even hitting someone with a stick or throwing a ball at someone intentionally can constitute assault with a weapon.
- Sexual Assault: Sexual assaults also fall under the broad “assault” term, as it is force applied to a victim’s person without their consent.
- Threats: Threatening to cause bodily harm to an individual, in a way that makes them reasonably believe that they are in danger from that harm, can also constitute assault.
Consequences of Assault Charges
Assaults are considered hybrid offences under the Criminal Code. This means that, depending on the circumstances of the case, the Crown can decide whether to treat it as an indictable or summary offence. Section 266 of the Criminal Code indicates the penalties for common/general assault.
- If the Crown proceeds with an indictable offence, then you may face up to five years in prison.
- If the Crown proceeds with a summary conviction, then the accused may have to pay a fine of up to $5000 and/or serve a maximum of six months in prison.
Assault causing bodily harm or assault with a weapon are more serious offences, but they are still hybrid. If the Crown proceeds with an indictable offence for assault with a weapon or causing bodily harm, the maximum punishment is 10 years in prison.
Alternatively, if the Crown chooses to go through with a summary conviction, the penalty is a maximum of two years less a day in prison, and/or a fine of up to $5,000.
Assault Charge Defences
With the help of a skilled criminal defence lawyer, you can present certain defences to help you have your charges dropped or reduce your sentence. Some defences include:
- Self-Defence: If you can prove that you were protecting yourself from some sort of immediate harm, then you may be able to avoid assault charges.
- Consent: You may be able to prove that the alleged victim consented to the force applied. This may be relevant in cases of sexual assault or assault that occurs during sports. For instance, in contact sports, players generally consent to some level of physical contact.
- Intoxication: You may be able to prove that you were so intoxicated during the time of the assault that you were not able to form the required intent. Without the requisite intent, you cannot be found guilty of assault.
Assault Charge Investigation:
Assault investigations are launched after a complaint has been made (by the alleged victim or witnesses) or if the police witness a potential assault occurring. Once the investigation begins, the police will gather evidence such as pictures, video footage, witness testimonies, and forensic evidence like blood samples.
The police will likely speak to all parties they believe are involved, like witnesses, the alleged victim, and any suspects. Once they have identified a suspect they think is the perpetrator, they will seek to arrest this individual and begin the legal proceedings.
Bail Conditions for Assault Charges
You may be kept in police custody if you are charged with assault. If this is the case, you will need to have a formal bail hearing with 24 hours of your arrest to be released until your trial takes place. As an accused person in Canada, you have the right to be released on bail on reasonable terms.
If you are granted bail, there may be certain conditions placed on your release. Conditions will differ on a case-by-case basis but could include ceasing all communication with the alleged victim, a surety, being asked to refrain from alcohol and non-prescription drugs, and a requirement to pay a fine if you fail to comply with a condition. These are just some examples of conditions, as they vary based on the individual circumstances of the case.
Frequently Asked Questions
What counts as assault in Canada?
Assault is a broad term that can define many individual behaviours. However, according to the Criminal Code, any intentional application of force (whether direct or indirect) on another person without their consent can count as assault. For example, smacking, punching, kicking, throwing objects at, or hitting someone with an object can all count as assault. Also, threatening someone with bodily harm can also constitute assault.
How serious is an assault charge in Canada?
The consequences of an assault charge can be severe, especially if the assault is serious or you have prior convictions. You may face jail time and/or fines.
What is the lowest charge of assault?
The “lowest” or least serious assault charge is a common/general assault charge, typically characterized when there was no severe bodily harm, or no weapon involved. You may not face a jail sentence for this and may just be required to pay a fine. However, all sentencing is dependent on the circumstances of each individual case.
Related Offences
The offence of assaulting a peace officer has the same elements and punishments as a conviction for a regular assault, as discussed above. However, it requires that the victim of the assault be a peace officer.
Assault causing bodily harm is when someone assault another person in a way that results in bodily harm for the victim. Bodily harm can be any kind of injury that significantly impacts the victim’s health or comfort and is more than minor or temporary.
Assault with a weapon occurs when someone assaults another with a weapon or an object, like a knife or a baseball bat. t could also be when someone threatens to cause bodily harm to another with a weapon.
Attempted murder occurs when someone attempts to murder another person intentionally, but the attempt was unsuccessful or the actual killing did not follow through.
This involves choking, strangling, or suffocating an individual to commit another offence.
Criminal harassment describes when someone is stalked or continually harassed by another person. This does not have to be physical. For example, it could be repeated attempts to contact someone or get their attention in some way.
