Assault Lawyer

What Is Assault Under Canadian Law?

Assault is defined under section 265 of the Criminal Code. An assault can occur when someone intentionally applies force to another person without their consent. However, physical contact is not always required. 

Attempting or threatening to apply force through an act or gesture can also constitute assault when the accused has the apparent present ability to carry out the threat.This means an assault allegation can arise from conduct ranging from pushing or striking someone to circumstances involving a threat of immediate physical force.

Whether conduct amounts to criminal assault depends on the circumstances and evidence surrounding the incident.

Types of Assault Charges

Not every assault allegation results in the same charge. The Criminal Code recognizes different assault offences depending on factors such as the nature of the alleged conduct, whether a weapon was involved and whether the complainant suffered bodily harm.

Simple Assault

Common assault, sometimes referred to as simple assault, generally involves the intentional application of force without consent or an attempt or threat to apply force.

An allegation does not have to involve a serious injury. Conduct such as pushing, slapping or punching can potentially result in an assault charge.

The circumstances surrounding the incident remain important. Issues such as self-defence, consent, identification and whether the contact was intentional may all become relevant to the defence.

Assault Causing Bodily Harm

Assault causing bodily harm is addressed under section 267 of the Criminal Code. The charge can arise when an assault causes bodily harm to the complainant. The nature and extent of the alleged injury can therefore become an important part of the prosecution’s case.

Medical records, photographs, witness accounts and evidence concerning how the injury occurred may need to be carefully examined.

Assault With a Weapon

Section 267 also addresses assault involving a weapon or imitation weapon. A “weapon” does not necessarily have to be something traditionally considered a weapon. Depending on how an object is allegedly used, an everyday item can potentially form the basis of an assault-with-a-weapon allegation.

The Crown may rely on witness testimony, video evidence, photographs, forensic evidence or the alleged weapon itself when attempting to prove the charge.

Aggravated Assault

Aggravated assault is one of the most serious assault offences under the Criminal Code.Under section 268, aggravated assault occurs where the accused wounds, maims, disfigures or endangers the life of the complainant.

Because of the seriousness of the allegation and potential consequences of conviction, aggravated assault cases require close examination of both the circumstances of the confrontation and the medical evidence relied upon by the Crown.

Domestic Assault

Domestic assault is not a separate assault offence under the Criminal Code. The term generally describes an assault allegation involving spouses, intimate partners, former partners or other domestic relationships. These cases can create immediate consequences beyond the criminal charge itself. Release conditions may prohibit communication with the complainant or prevent the accused from returning to a shared residence.

Domestic assault allegations can also involve complicated factual circumstances, including conflicting accounts of an argument or physical confrontation.

De Boyrie Law represents clients facing domestic assault allegations and can review the evidence, release conditions and available defence options.

What Are the Penalties for Assault?

The potential consequences of assault depend heavily on the specific offence, how the Crown proceeds, the circumstances surrounding the allegation and the accused’s criminal history. Possible outcomes following an assault conviction can include:

• fines;
• probation;
• counselling or other court-imposed conditions;
• restrictions involving weapons or firearms;
• a criminal record; and
• imprisonment.

More serious forms of assault carry greater potential penalties. Assault with a weapon or assault causing bodily harm under section 267 can be prosecuted as an indictable offence carrying a maximum sentence of 10 years’ imprisonment. Aggravated assault under section 268 is an indictable offence carrying a maximum sentence of 14 years.

A conviction can also have consequences outside the sentence imposed by the court. Depending on the person’s circumstances, a criminal record may affect employment opportunities, professional licensing, immigration matters and international travel.

What Happens After You Are Charged With Assault?

The exact process depends on the circumstances of the case, but an assault prosecution will generally progress through several stages.

Arrest and Release

Police may arrest an individual when they have grounds to believe an assault has occurred. Depending on the circumstances, the accused may be released with conditions or held for a bail hearing. Release conditions can significantly affect daily life and may include restrictions on communication, locations, weapons or contact with the complainant.

It is important to understand and follow these conditions. Breaching a release condition can result in additional criminal charges.

Disclosure and Evidence Review

The Crown is required to disclose relevant evidence in its possession to the defence. Disclosure in an assault case may include police notes, witness statements, photographs, medical information, surveillance footage, 911 recordings, body-camera footage and other evidence collected during the investigation.

Reviewing disclosure is an important part of determining the strength of the prosecution’s case and identifying potential weaknesses or inconsistencies.

Crown Discussions and Pre-Trial Proceedings

Not every assault case proceeds to trial. A defence lawyer may communicate with the Crown regarding the evidence, possible withdrawal of charges, resolution options and issues that may need to be litigated.

The appropriate strategy depends on the evidence and the client’s objectives.

Trial

If the case cannot be resolved and proceeds to trial, the Crown must prove the offence beyond a reasonable doubt.

The defence may challenge witness reliability, identification evidence, the circumstances surrounding the confrontation, the admissibility of evidence or whether the Crown has established the required elements of the offence.

Defences to Assault Charges

There is no single defence that applies to every assault case. The appropriate strategy depends on the allegations, available evidence and applicable law.

Potential issues and defences can include the following.

Self-Defence

Self-defence may apply where a person reasonably believed that force or a threat of force was being used against them or another person, acted for the purpose of defending themselves or that other person, and their actions were reasonable in the circumstances.

Determining whether the response was reasonable involves examining the entire incident. Factors can include the nature of the threat, whether weapons were involved, the physical capabilities of the people involved, the accused’s role in the incident, the history between the parties and whether other options were available.

A self-defence case therefore often depends heavily on reconstructing what occurred before, during and immediately after the alleged assault.

Consent

Consent can become relevant in some assault cases.

The availability and scope of consent as a defence depends on the nature of the conduct and surrounding circumstances. Situations involving consensual physical activity, sports or other interactions can raise different legal considerations.

A lawyer can assess whether consent is legally available on the particular facts of the case.

Lack of Intent

Assault generally requires an intentional application of force.

If physical contact occurred accidentally rather than intentionally, that distinction may be important. Evidence concerning how the incident occurred can therefore become central to determining whether the Crown can establish the elements of assault.

Mistaken Identity

In some cases, the central issue is not whether an assault occurred but whether the accused was the person responsible.

Identification can be challenged where an incident happened quickly, visibility was poor, numerous people were present or witnesses had limited opportunity to observe the person involved.

Video footage, photographs, electronic evidence and inconsistencies between witness descriptions can become particularly important in these cases.

Credibility and Reliability

Many assault cases involve two significantly different versions of the same event.

The credibility and reliability of witnesses can therefore become critical. Statements may be compared against other evidence, including text messages, surveillance footage, photographs, independent witnesses and statements made before or after the alleged incident.

Inconsistencies do not automatically determine the outcome of a case, but they may become important when assessing whether the Crown can prove the allegation beyond a reasonable doubt.

Charter Issues

Police investigations and arrests must comply with the Canadian Charter of Rights and Freedoms.

Depending on the circumstances, issues involving detention, arrest, searches, statements to police or access to legal counsel may need to be examined.

Where a Charter breach has occurred, the defence may seek an appropriate remedy, which can include an application to exclude evidence in some circumstances.

Can Assault Charges Be Withdrawn?

An assault charge does not automatically result in a conviction.

Depending on the evidence and circumstances, possible outcomes can include withdrawal of the charge, a peace bond, an alternative resolution, acquittal following trial or, where appropriate, a negotiated resolution.

In some less serious cases, particularly where an accused has no prior criminal record and the circumstances support it, alternatives to a conviction may be available.

Eligibility is not automatic. A defence lawyer can assess the Crown’s case and advocate for an appropriate resolution based on the circumstances.

Can the Complainant Drop an Assault Charge?

Once police have laid a criminal charge, the complainant does not personally control the prosecution.

A complainant can tell police or the Crown that they do not want the case to proceed, but that does not automatically result in the charge being withdrawn. The decision about whether to continue the prosecution is made by the Crown.

This is particularly important in domestic assault cases, where an accused may incorrectly assume that the matter will disappear if the complainant no longer wants charges pursued.

Until conditions are formally changed by the court or other appropriate legal process, the accused must continue complying with all release conditions, including any no-contact condition.

What Evidence Is Important in an Assault Case?

Assault cases can turn on evidence that initially seems unimportant.

Depending on the allegations, relevant evidence may include:

• surveillance or security-camera footage;
• cellphone videos;
• photographs;
• text messages and other communications;
• 911 recordings;
• witness statements;
• police notes;
• body-camera footage;
• medical records;
• photographs of injuries;
• electronic location information; and
• communications before or after the alleged incident.

Preserving potentially relevant evidence early can be important. Video footage may be deleted, messages may be lost and witnesses’ memories can change over time.

A defence lawyer can identify evidence that should be obtained or preserved as part of preparing the case.

What Should You Do After Being Charged With Assault?

Being charged with assault can be stressful, particularly when release conditions affect where you can live or who you can communicate with.

There are several important things to keep in mind.

First, comply with every condition of your release, even if you disagree with the allegation or the complainant wants to communicate with you. Do not assume that the complainant’s permission allows you to ignore a no-contact condition.

Second, avoid discussing the allegations publicly or posting about the incident on social media. Statements and electronic communications can potentially become evidence.

Third, preserve relevant evidence. Save messages, photographs, videos and other material connected to the incident rather than deleting or modifying it.

Finally, speak with a criminal defence lawyer as early as possible. Early legal advice can help you understand the charge, your release conditions and the steps that should be taken to prepare your defence.

How an Assault Lawyer Can Help

An assault lawyer’s role goes beyond appearing in court.

At De Boyrie Law, defending an assault charge can involve reviewing disclosure, interviewing the client about the circumstances of the allegation, identifying additional evidence, examining witness statements, assessing police conduct and developing a defence strategy based on the facts of the case.

Depending on the circumstances, representation may include:

• reviewing the allegations and explaining the charge;
• assessing bail or release conditions;
• obtaining and reviewing disclosure;
• identifying weaknesses in the Crown’s evidence;
• examining witness credibility and reliability;
• reviewing surveillance, electronic and medical evidence;
• assessing possible defences;
• communicating and negotiating with the Crown;
• seeking appropriate resolution options; and
• defending the charge at trial when necessary.

The objective is to understand the complete circumstances of the case and pursue the best available outcome.

Related Assault Charges

Assault allegations can overlap with other criminal offences and legal issues.

De Boyrie Law represents clients in matters involving:

• assault causing bodily harm;
• assault with a weapon;
• aggravated assault;
• domestic assault;
• weapons allegations;
• bail hearings;
• no-contact conditions; and
• other criminal charges arising from the same incident.

Where multiple charges arise from one event, the defence strategy should consider the case as a whole rather than treating each allegation in isolation.

Why Choose De Boyrie Law for an Assault Charge?

An assault allegation can develop quickly from an argument, misunderstanding or physical confrontation into a criminal prosecution with significant consequences.

De Boyrie Law approaches each case individually. The defence begins by examining what happened, what the witnesses say happened and what the available evidence can actually establish.

Depending on the case, that may mean challenging the reliability of a witness, advancing self-defence, questioning identification evidence, addressing Charter issues, negotiating with the Crown or proceeding to trial.

The goal is to provide clear advice throughout the process while pursuing the best available outcome for the client.

Frequently Asked Questions About Assault Charges

Do You Have to Injure Someone to Be Charged With Assault?

No. Assault does not necessarily require an injury or even physical contact. An intentional application of force without consent can constitute assault, and certain attempts or threats to apply force can also meet the Criminal Code definition.

Is Pushing Someone Considered Assault?

Potentially. An intentional push can constitute an application of force. Whether criminal liability follows depends on the circumstances, including issues such as consent and any available legal defence.

Can You Be Charged With Assault for Threatening Someone?

Potentially. Section 265 of the Criminal Code includes certain attempts or threats, by an act or gesture, to apply force where the accused has, or causes the other person to reasonably believe they have, the present ability to carry out the threat.

Is Domestic Assault a Separate Criminal Charge?

No. “Domestic assault” generally describes an assault allegation occurring within an intimate or domestic relationship rather than a separate offence called domestic assault.

The domestic context can nevertheless significantly affect how the case is handled, including release and no-contact conditions.

What Is the Difference Between Assault and Aggravated Assault?

Assault covers conduct falling within the general definition in section 265 of the Criminal Code. Aggravated assault under section 268 involves an assault that wounds, maims, disfigures or endangers the life of the complainant.

Aggravated assault is therefore substantially more serious and carries a maximum sentence of 14 years’ imprisonment.

What Is Assault Causing Bodily Harm?

Assault causing bodily harm is an offence under section 267 of the Criminal Code. It applies when an assault causes bodily harm to the complainant and carries more serious potential consequences than common assault.

Can Self-Defence Apply to an Assault Charge?

Yes. Self-defence may apply when the requirements under section 34 of the Criminal Code are met.

The court considers the circumstances surrounding the use of force, including the nature of the threat, the accused’s role in the incident, whether weapons were involved and whether the accused’s actions were reasonable in the circumstances.

Will an Assault Charge Give Me a Criminal Record?

Being charged is not the same as being convicted.

If the prosecution results in a conviction, a criminal record may follow. Depending on the circumstances, however, a case may result in withdrawal, an alternative resolution, a peace bond or an acquittal.

Should I Speak to Police About an Assault Allegation?

If police want to question you in connection with an alleged assault, you should understand your legal rights before deciding how to respond. You have the right to retain and instruct counsel without delay following arrest or detention.

Speaking with a criminal defence lawyer can help you understand your rights and the implications of providing a statement.

Speak With an Assault Lawyer

If you have been charged with assault, getting legal advice early can help you understand the allegations, your release conditions and the options available to you.

De Boyrie Law represents individuals facing simple assault, assault causing bodily harm, assault with a weapon, aggravated assault, domestic assault and related criminal charges.

Call (647) 931-0248 or request a free consultation to discuss your case with De Boyrie Law.