Call Us 24/7 AT (416) 658-1818
Canadian courts take crimes against peace officers seriously. The charge is under “Offences Against the Person and Reputation.” Similar to other assault charges, the same elements of assault must be met but unlike other assault types, the victim in the assault is a peace officer. The Criminal Code outlines serious punishments for such crimes against peace officers.
Therefore, if you or someone you know is facing charges related to assaulting a peace officer, it's crucial to contact an experienced assault lawyer who can provide guidance and representation throughout the legal process.
First, the Crown must establish you committed an assault. You will be found to have committed an assault if any of the three situations occur:
Then, the Crown must prove you committed the assault against a peace officer. Assault against a peace officer is outlined in section 270(1) of the Criminal Code. Three types of assault can constitute an offence:
Section 2 of the Criminal Code defines a peace officer as any uniformed police officer, prison guard, holder of public office, and specialized enforcement group. Enforcement groups include any of the following:
In addition to the elements of an assault and the elements set out in section 270(1), the Crown must prove, beyond a reasonable doubt, three other elements. First, the intentional use of non-consensual force on the peace officer. Second, you must have known the victim was a peace officer. And third, you must have known the officer was acting in the lawful execution of the duties.
Assaulting a peace officer is a hybrid offence with a maximum penalty of up to five years in prison if the Crown proceeds by indictment. If the Crown proceeds by summary conviction, the maximum penalty is six months in jail and/or a $5000 fine.
There are several charges and penalties for assaulting a peace officer. There are no mandatory minimums for assaulting a peace officer; however, it is common for courts to serve additional penalties against the accused. These penalties include: up to three years probation, up to ten years of weapon prohibitions, mandatory DNA submission to the DNA Data Bank, and a criminal record.
Penalties are often worse if combined with other elements: for example, carrying a weapon, causing bodily harm, or aggravation.
Assaulting a peace officer while carrying a weapon can result in up to five years in prison.
If the assault causes bodily harm against the peace officer, a summary conviction results in up to 18 months in prison. However, if the Crown proceeds by way of indictment, you can face up to ten years in prison.
If the assault resulted in the wounding, maiming, disfigurement, or endangerment of the peace officer’s life, you can face up to 14 years in prison.
If you find yourself charged with assaulting a peace officer, there are several defences available to you.
One of the elements of the offence is the knowledge that the victim is a peace officer. As such, a defence to the offence is that you were unaware of their status as a peace officer. Evidence that can support this defence include: the officer not identifying themself, the officer being out of uniform, and whether you had time to realize their authority.
One of the categories of assault against an officer includes resisting an arrest. If, however, you were unaware that the officer was attempting to arrest you, you have a defence available. The following facts can support this defence: the officer did not read you your rights, the officer did not ask you to come with them to the police station, or your actions were misinterpreted by the officer.
A common defence to any assault charge is that you were acting in self-defence. If you were acting in self-defence against excessive force, you can be able to argue against the charges set out against you. The best evidence for this kind of defence is any sort of video footage or eyewitnesses showing inconsistencies in the prosecution’s story to show unreasonable and excessive force.
Another required element for a charge of an assault against a peace officer is that the officer was executing their duty during the assault. For example, if the peace officer was acting outside of their duties at the time of the assault, the assault does not qualify as an assault against a peace officer. Some evidence to support this defence is whether the officer followed their proper protocol or whether the officer had a justified reason to initiate their action.
Assaulting a peace officer can result in severe penalties that can impact your life permanently. At Pyzer Criminal Lawyers, we have won some of the toughest assault cases in Toronto. An experienced assault lawyer can help you achieve the best possible outcome and protect your reputation! Contact us today at (416) 658-1818 to begin building the best defence for your case.
