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Assault Charges

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How is Assault defined?

Assault is defined by section 265 of the Criminal Code of Canada. Section 265 (1) 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. This section applies to all forms of assault. Proof of an intention to apply force is necessary. The complainant must not consent to the application of force and must take the threat or attempt thereof seriously, or reasonably believed that the accused had the ability to effect his purpose. If you have been charged with an assault, there are certain defences that a lawyer can discuss with you, such as consensual fight, self-defence, reflex, corrective force, etc. Our criminal defence lawyers routinely defend assault charges in Mississauga, Brampton, Milton, Oakville, Burlington, Toronto, Vaughan, Newmarket, Orangeville, Hamilton, Barrie, Collingwood, and Wasaga Beach. If you have been charged with assault, contact our criminal lawyers for a free case evaluation today. Our criminal lawyers are here to assist you. Our lawyers routinely represent assault charges in the Ontario Court of Justice and Superior Court of Justice in Brampton, Milton and Toronto. Being charged with an assault in Brampton will most often be treated with the most seriousness by the Domestic Violence Crown Attorneys who form a team of domestic violence Crowns with a no-tolerance policy. Our criminal lawyers understand the Crown policy and can assist you to resolve your case as quickly as possible. We work as a defence team where two experienced lawyers will simultaneously have carriage of your assault case until it is resolved. Our criminal lawyers also attend court on your behalf so that you do not have to miss work. Ask us how and contact us today. Contact our criminal lawyers today for a FREE TELEPHONE CONSULTATION .


What Happens when you are charged with an Assault under the Criminal Code of Canada?

Being charged with an Assault under the Criminal Code of Canada can be very serious. When you are charged with an assault, the police will formally arrest you and charge you. You will then either be held for Bail court the next morning, or you may be given what is called a "Promise to Appear" form. This form will identify a first court date and a fingerprints date that you will be required to attend by law. We always recommend hiring a criminal assault lawyer prior to your first court date so that you may understand the court proceedings against you. Once you hire a lawyer, or 'retain' a lawyer, you will not have to attend your first court date, and other remand court dates, so long as you sign what is called a Designation of Counsel to appoint a lawyer who will represent you in the assault court proceeding. Contact our criminal lawyers today for a FREE TELEPHONE CONSULTATION .



Our Lawyers represent clients charged with Assaults

Domestic Assault

When a relationship exists and an alleged assault takes place, the Crown Attorney categorizes this offence as "domestic assault". It is the Crown Attorneys who control the prosecution of these offences and not the police. There are specialized domestic assault Crowns that deal with these types of charges. The Crown Policy Manual specifically states that these assault charges will be prosecuted with "vigour". The Crown will not withdraw domestic assault charges unless "exceptional circumstances" can be demonstrated by your lawyer.

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Aggravated Assault

Section 268 (1) outlines that "Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant". Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Aggravated assault is categorized as a very serious violent crime. If you have been charged with Aggravated assault, you need a lawyer who can defend these charges with vigour. Our Criminal Lawyers have routinely defended these charges with success.

Assault with a Weapon

Section 267 outlines that "Every one who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months." If you have been charged with Assault with a weapon, you need to ensure that your rights are properly defended by an experienced criminal lawyer.

Sexual Assault with a Weapon

Section 270(1) outlines that "Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure".

Assault Bodily Harm

Section 267 outlines "Every one who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months". If you have been charged with Assault causing bodily harm, you need an experienced lawyer to defend your charges. Contact our Criminal Defence Lawyers today.

Sexual Assault

Section 271 states, "Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days." These are serious charges. Call our lawyers immediately.

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Uttering Threats

Section 264.1 (1) outlines that "Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person". The words spoken must be viewed in their context in light of the person spoken to and the circumstances therein. There is an objective element to this offence. Contact our Criminal lawyers if you have been charged with utter threats.

Assault Peace Officer

Section 270(1) outlines that "Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure".


Access the Criminal Code of Canada here


Assault Cases in the News

  Sep 30, 2014 CBC News

Former UOttawa hockey players in court on sexual assault charges

University of Ottawa hockey players charged with sexual assault in connection with an incident at a Thunder Bay hotel last February...

  Apr 24, 2014 The Associated Press

Maclean's alleges 'disturbing' levels of sexual assault in Canadian military

The country's top military commander has ordered an internal review of programs and policies...

  Sep 29, 2014 CBC News

Universities under pressure to combat sexual misconduct on campus

The movement to combat sexual misconduct on North American campuses is persistent...

  Sep 26, 2014 The Canadian Press

Mountie sentenced for assault

A central Alberta Mountie found guilty of using excessive force during an arrest has been sentenced to two months in jail. Lavallee, who is assigned to the Maskwacis ...

  Sep 25, 2014 The Canadian Press

Ontario doctors not guilty of sexually assaulting woman

An Ontario judge has found two doctors not guilty of drugging and sexually assaulting a medical student in 2011. Dr. Amitabh Chauhan and Dr. Suganthan Kayilasanathan were accused of...

  Oct 2, 2014 Canada.com

Two 12-year-olds charged with assault with a weapon following hockey brawl

A violent hockey fight in Winnipeg last February made headlines across the country. But now two 12-year-olds face criminal charges for their role...

  Sep 25, 2014 CBC News

McGill suspends Redmen football player for pending assault charges

Officials from McGill and the Montreal police will not name the player. Montreal police say the 22-year-old man faces charges of armed robbery, assault and uttering threats...

  Sep 29, 2014 CTV Winnipeg

Suspect facing child porn, sex assault charges was previously Scout leader

A radio DJ who last week was the subject of a missing persons report by the Winnipeg Police Service is now facing sexual assault...


Our Criminal Lawyers

  Criminal Assault Lawyers

Our Criminal Assault Lawyers service Brampton , Mississauga , Oakville , Milton , Toronto, Etobicoke, Peel, Vaughan, Caledon, Halton, Burlington, Orangeville, Newmarket, Barrie, Collingwood, Wasaga Beach. Have you been charged with a criminal assault offence? Call us today. Free telephone consultations.

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