If you are facing assault charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
The term assault covers a wide variety of serious violent offences which can have a lasting impacting on your life through both legal and social consequences.
Assault is the intentional application or threat of application of force on another person, directly or indirectly. It is a hybrid offence in Canada, meaning that the Crown can choose to proceed as a summary or indictable offence. Indictable offences are more serious, and summary offences are less serious. How the Crown chooses to proceed will depend on a variety of factors, such as the seriousness of the act 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. Learn more about criminal sentencing in Toronto.
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.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of assault beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto assault lawyer today by calling (647) 986-8077.
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Key Takeaways
- Assault charges can be very serious – they can likely result in negative legal and social consequences.
- If you are convicted of assault, you may face up to five years in prison, depending on whether the Crown processes it as a summary or indictable offence.
- If you are granted bail, you may have to follow 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 from a Strategic Criminal Defence lawyer, you may be able to beat your assault charge, including pursuing resolutions that avoid a criminal record.
How can an assault lawyer in Toronto help?
A Strategic Criminal Defence lawyer can review your case and give you personalized advice. This includes important pre-charge advice which would help you understand your rights in any given situation. Our team can also help you interact with law enforcement so that you do not say anything that may be harmful to your case.
Our lawyers 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. Having us on your side helps ensure that you have strong representation in court which would help you can get the best possible outcome for your situation.
Assault Charges in the Criminal Code of Canada
According to section 265 of the Criminal Code:
Assault
A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
According to section 267 of the Criminal Code:
Assault with a weapon or causing bodily harm
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof,
(b) causes bodily harm to the complainant, or
(c) chokes, suffocates or strangles the complainant.
According to section 268 of the Criminal Code:
Aggravated assault
Everyone commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Examples of Assault Charges
Here are some real-world examples of what can lead to assault charges in Toronto:
- Common/General Assault: Typically, these kinds of assaults 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 count as 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 count as assault.
Consequences of an Assault Charge
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 outlines 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 in prison, and/or a fine of up to $5,000.
Assault Charge Defences
With the help of a skilled Strategic Criminal Defence lawyer, you can present certain defences to help you have your charges dropped or reduce your sentence.
Here are some possible defences to assault charges:
- 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 necessary 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 stopping 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.
