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Assault charges in Canada can be challenging to understand, especially if you have been charged with one and are navigating how to handle the charge. There are potentially serious consequences if you are charged with assault. That is why it is important to find the right lawyer to help you defend yourself and beat the charge. An experienced assault lawyer can help you figure out what strategy will be best for you.
There are two ways to beat an assault charge in Canada:
The details of the defences will be covered later in the article.
First, it is important to understand what assault is under the Criminal Code of Canada. Under Section 265(1), assault is committed when a person:
In simple terms, someone can be charged with assault for physical harm, touch without consent, threats, or threatening gestures.
To further understand Section 265(1)(a) it is important to cover the definition of consent in assault charges under 265(3). There is no consent where the complainant submits or does not resist:
A general assault charge is also referred to as a simple assault or common assault charge. This type of assault charge is the most common assault charge laid. As its name suggests, a simple assault arises when there is a simple altercation such as a threat uttered or a fistfight. A simple assault charge can result in five years imprisonment; however, this assault type rarely results in jail time.
Sexual assault charges cover a range of assaults of a sexual nature including inappropriate touching and rape. Penalties for sexual assault vary based on whether it is aggravated sexual assault or sexual assault with a weapon and can be upwards of a maximum life sentence. Convicted individuals’ names are recorded in the public assaulter database.
Domestic assault charges cover a range of assaults that occur when a partner or former partner is assaulted. Domestic assault cases tend to have severe consequences because of the nature of the relationship.
Assault with a weapon or causing bodily harm is more severe than a simple assault charge. Assault causing bodily harm occurs when physical harm has been caused to another person. If the assault causing bodily harm involves a weapon, the charge is then upgraded to assault with a weapon. Assault with a weapon or causing bodily harm can result in up to 10 years in prison.
Aggravated assault is often treated as an indictable offence and is therefore the most severe assault charge in Canada. Aggravating factors include serious injury, disfigurement, endangerment of life, and use of a weapon.
As the name suggests, assaulting a peace officer, referred to more commonly as assaulting a police officer, occurs when a police officer is assaulted. The punishment for assaulting a police officer is the most likely assault to be at risk of the maximum sentence.
There are several defences available to you if you are charged with assault. The most common assault defence strategies include:
The onus is on the Crown to prove, beyond a reasonable doubt, that the accused is guilty. A defence lawyer can therefore raise a reasonable doubt against the charge to have their client acquitted.
This is often argued as a reflexive response to an external stimulus or an unintentional force. This argument responds to the intent requirement in an assault charge.
An essential component of section 267 outlines that the force was applied without the consent of the other party. A lawyer can mitigate culpability on the accused by providing evidence to suggest the complainant consented to the force; for example, in a fistfight, two people may agree to enter into the fight.
Per section 34 of the Criminal Code, the defence lawyer must show (a) there was reasonable grounds to believe force or threat of force was being used against them or another person, (b)assault was committed with the purpose of defending themselves or another person, and (c) act was reasonable in the circumstances. In determining whether the act was reasonable, several factors are considered such as the imminence of the force, the nature and history of the relationship, and the nature of the force or threat of force.
If there are procedural or evidentiary flaws in the Crown’s case, a plea bargain can result in reduced charges. Your defence lawyer would enter into negotiations with the Crown to reduce charges and prevent both parties from going to Court.
The Court does not take lightly to Charter violations. If a Charter violation is established, the Court is likely to acquit. For example, this arises when there was an unwarranted search and seizure.
Assault charges can be dropped either prior to trial or at trial. A defence lawyer can convince the Crown that it is not in the public interest to proceed to trial for several factors including: lack of evidence, procedural mistakes, and importantly, the accused’s corrective actions post-altercation. Our firm has experience with first-time offenders, second-time offenders, and those with a list of previous offences. We are prepared to help you regardless of your background history.
Beating an assault charge in Canada requires a thorough understanding of the law and a strategic defence. Our skilled assault defence lawyers in Toronto are here to help you navigate this challenging process. Contact us for a free consultation to discuss your case and develop a robust defence strategy.
