Assault

Assault [C.C. s 265]

A person commits an assault when

(a)without the consent of another person, he or she applies force intentionally to that other person, directly or indirectly; or

(b)he or she attempts or threatens, by an act or a gesture, to apply force to another person, if he or she has (or causes that other person to believe on reasonable grounds that he or she has) present ability to effect his or her purpose.

Note: The basic definition of Assault, as stipulated in section 265, applies to all of the subcategories of Assault.

Assault [C.C. s 266]

There are often defences which arise on the facts of Assault charges, such as self-defence, consent or if the incident occurred by accident. Toronto assault lawyer Daniel Freudman will examine your case in detail to determine any potential defences, and fervently argue those which apply in order to ensure you receive the best representation at trial.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 5 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

Assault With a Weapon [C.C. s 267a]

Occurs when, in committing an assault, the person carries, uses or threatens to use a weapon or an imitation thereof.

Courts endorse a very broad definition of the word "weapon”, allowing it to encompass anything from a knife or baseball bat to a chair or pencil.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 18 months jail

Assault Causing Bodily Harm [C.C. s 267b]

Occurs when, in committing an assault, the person causes bodily harm to the complainant.

"Bodily Harm"means that the injury is not "trifling" or "transitory”, though cuts and abrasions have been held to fall within this definition.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 18 months jail

Aggravated Assault [C.C. s 268]

Occurs when, in committing an assault, the person wounds, maims, disfigures or endangers the life of the complainant.

To be convicted of Aggravated Assault, the Crown must prove, beyond a reasonable doubt, that you foresaw the potential consequences (e.g. the wounding or maiming) of your actions.

Potential penalty upon conviction:

(i) Crown proceeds by indictment: maximum of 14 years jail

Assaulting a Police Officer [C.C. s 270]

Occurs when a person assaults a public officer or peace officer engaged in the execution of his duty, or assaults a person acting in aid of such an officer. The offence also occurs when a person assaults another person with intent to resist or prevent the lawful arrest or detention of himself or someone else.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 5 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

Note: The penalty for Assaulting a Police Officer can be as high as 14 years jail, depending on the amount of bodily harm caused to the police officer.

Sexual Assault [C.C. s 271]

An assault (as defined in s 265) of a sexual nature in a manner that violates the sexual integrity of the complainant, and to which the complainant does not consent.

Your intentions and mindset at the time of the alleged sexual assault are critical to determine the possible defences that may be available, such as an honest but mistaken belief that the complainant consented to the relevant act.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 18 months jail

Note: The penalty for Sexual Assault can be as high as 14 years jail, depending on the amount of bodily harm caused to the complainant.

Domestic Assault

An assault (as defined in s 265) that takes place between two people who are or were in an intimate relationship. Although the offence generally involves persons who are married, dating or in a common law relationship, it can also be between children, parents or relatives. For policy reasons, domestic assaults are dealt with in a far more serious manner than ordinary assaults. Once charges have been laid, Crown Attorneys will seldom drop the charge solely based on requests by the complainant. Further, Crown Attorneys usually place stringent bail conditions on the accused, disallowing them any contact with the complainant, even if the complainant wishes otherwise. Toronto domestic assault lawyer Daniel Freudman has experience initiating discussions with Crown Attorneys to successfully negotiate bail variations which allow contact between the accused and the complainant.

Potential penalty upon conviction:

There is no specific "Domestic Assault"section under the Criminal Code of Canada; rather, it is a special subset of the Assault offence. As such, the penalty for Domestic Assault will depend on the amount of bodily harm caused to the complainant, among other factors.

Call Daniel For a Free Initial Consultation at 647-771-2416

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