Get expert advice on Defences to Assault in Canada from Toronto Criminal Lawyer Alex De Boyrie and schedule your free consultation today!
In Canada, assault is a serious criminal offence that involves the intentional application of force on another person without their consent, or the threat of doing so. Being charged with assault can have severe consequences, including imprisonment, fines, and a criminal record. However, individuals accused of assault have certain legal defences at their disposal to challenge the charges. In this article, we will explore some of the most common defences to assault in Canada, providing valuable insights for those seeking legal guidance. For expert advice and representation, readers are encouraged to schedule a free consultation with Alex De Boyrie, an experienced criminal lawyer based in Toronto.
Defences to Assault Canada
Self-Defence
One of the most common defences to assault in Canada is self-defence. According to the Canadian Criminal Code, individuals have the right to protect themselves or others from harm. This is a very difficult defence to implement, and more complicated than one would think. To successfully invoke self-defence, the accused must establish that the force used was proportionate to the threat faced and was used to prevent harm. Moreover, self-defence is only applicable if there was a genuine belief that force was necessary to protect oneself or another person.
Consent
Another defence that can be used in an assault case is consent. If the alleged victim consented to the physical contact, it can be argued that the act was not an assault. However, consent must be given voluntarily, without coercion, and with full knowledge of the nature and consequences of the act.
Defence of Property
In certain situations, individuals have the right to defend their property from unauthorized intrusion or theft. This defence can be used when an accused person reasonably believed that the force used was necessary to protect their property from being unlawfully taken or damaged.
Accident or Mistake
Sometimes, an assault may occur unintentionally due to a genuine accident or mistake. This defence can be used when the accused did not intend to apply force on the alleged victim, and the incident was a result of an unforeseen event or miscommunication.
Mental Incapacity
If the accused was mentally incapacitated at the time of the alleged assault, such as being intoxicated or suffering from a mental health condition, this could be raised as a defence. The defence would argue that the accused lacked the necessary intent to commit the assault due to their impaired state of mind.
Alibi
An alibi defense is used when the accused can prove that they were not present at the scene of the alleged assault at the time it occurred. Establishing a credible alibi can cast reasonable doubt on the prosecution’s case.
Facing an assault charge in Canada can be a daunting experience, but knowing your legal rights and available defences can significantly impact the outcome of your case. It is crucial to seek expert legal counsel to navigate the complexities of the Canadian criminal justice system successfully. If you are facing assault charges in Toronto or the surrounding areas, Alex De Boyrie, an experienced and reputable criminal lawyer, can provide the guidance and representation you need.
During a free consultation with Alex De Boyrie, you will have the opportunity to discuss the specifics of your case, explore potential defences, and gain insight into the best legal strategy. With a track record of successfully handling assault cases, Alex De Boyrie is committed to protecting the rights and interests of his clients. Don’t delay – schedule your free consultation today and take the first step towards securing a favourable resolution for your assault case.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.
