Charged With Assault in Ontario
Assault is defined in the Criminal Code as the intentional application of force to another person without their consent. Assault can also be an attempt or threat to apply force (threat of an assault) that the alleged victim reasonably believes will be carried out. To be accused of the more serious offence of assault causing bodily harm, a police officer must have reasonable grounds to believe that an assault has occurred, and that the injury to the victim is “more than mere trifling in nature”.
As indicated above, assault charges vary in degrees. For example, if an assault is committed in circumstances of a sexual nature, the assault charge is elevated to sexual assault. If one intentionally applies force to another using a weapon, he would be charged with assault with a weapon. For assault with a weapon, an accused may be liable for assault charges whether or not the weapon is actually used to inflict an injury, provided the instrument was used in a threatening manner. If the victim is wounded, maimed or disfigured, or his or her life is endangered, the charge is elevated to aggravated assault. In general, the more serious the injury to the victim, the more serious the assault will be treated by the courts. Additionally, a guilty finding or verdict for assault charges may result in a criminal record, which can be both detrimental in today’s competitive job market and make international travel problematic. However, we have been very successful in having many of our client’s charge(s) reduced to a peace bond, or have achieved an outright withdrawal of the charge(s) or an acquittal after trial. See what our other clients are saying about us.
Most assault crimes take place in the context of a dispute between people who know each other, including situations where the parties are related, married, living common law, or otherwise involved in an intimate relationship (“domestic”assault) In any scenario where the parties know each other, there are many reasons an alleged victim may decide to make a false allegation. As experienced assault lawyers in Toronto, we know how to uncover and expose such lies, which can be instrumental to a successful defence of these charges.
Your Best Defence
Assault charges also may arise in circumstances where the parties are not previously known to each other. In these situations, Toronto’s Criminal Defence Team can assist with our extensive knowledge and experience in challenging identification evidence, or raising defences such as self-defence, defence of property or defence of others. Occasionally, an assault charge is laid following a consensual fight where the loser is the first to call the police. Through a careful analysis of evidence, experienced criminal defence lawyers know how to expose the motives and lies behind an allegation of assault.
Have you been charged with assault in Toronto?
If you have been charged with an assault (or, you believe you may be charged with assault), it is important that you retain an experienced assault lawyer in Toronto as soon as possible. Providing your story to police before you retain a lawyer can be detrimental to your defence by having the potential of adversely affecting your lawyer’s ability to best defend your case. This is why it is most important to exercise your right to remain silent and contact us at your first opportunity.
Toronto’s Criminal Law Team have a combined experience of over 60+ years, specifically in Criminal Law, and has defended hundreds of clients charged with all types of assaults. Immediate legal advice at the earliest stage of your case, followed by representation by knowledgeable counsel throughout your case, could help you avoid a guilty verdict and potentially severe consequences. If you have been charged with an assault, please contact The Criminal Law Team for your free confidential consultation.
