Assaults

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What is an Assault ?

Assault can range from physical contact involving a push to more serious forms of conduct resulting in injuries. Generally, an assault occurs when a person intentionally applies direct or indirect force to another person without consent.

Common Types of Assault and Related Offences :

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Domestic Assault

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Assault Causing Bodily Harm

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Aggravated Assault

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Threatening Death

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Assault with a Weapon

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Sexual Assault (Sexual Touching, Indecent Acts)

Defences to Assault

Consent

For an assault to have occurred, the Crown must prove that the application of force by the accused person was done without the consent of the party to whom the force was applied. Consent may be given expressly or implied. Often, consent is implied and is generally determined from the surrounding circumstances of the offence.

Self -Defence

A person may be justified in using force or threatening force in certain circumstances to protect either themselves, family members or property. The rule permits the use of force – if the force is reasonable depends on the facts of the case.

Mistaken Belief in Consent

If consent did not actually exist, the accused may still be able to argue that they honestly believed the other party had consented to the application of force. An honest but mistaken belief in consent will also afford a defence to an assault charge.

Penalties for an Assault Charge

The consequences of being found guilty of an assault charge are significant. Upon a finding of guilt, one may receive a criminal record and be sentenced to a period in jail. Alternatively, the court may impose a lesser sentence including probation with counselling or a fine.

We have the experience, resources and tools required to provide you with the most effective legal defence, often not resulting in a criminal record. It is important to remember that every allegation of theft, fraud or robbery is a fact specific inquiry. Consulting a lawyer will assist you with identifying potential defences to this type of allegation.

Recent Victories

R. vs. N.G.

Case
Our client located his wife at a male co-worker’s home. He allegedly became enraged and hit the co-worker and repeatedly hit his wife; he also was alleged to have destroyed property in the home.

Result
We were able to obtain written input from the wife, with regards to what happened and the sudden and uncontrollable feelings felt by her husband. There were weaknesses in the Crown’s case. The chargers were WITHDRAWN after our client completed four hours of anger management and signed a 12 month Peace Bond.

R. vs. P.V.

Case
Our client and his wife were separated but still living under the same roof with their child. One day, the wife started arguing with our client about laundry issues. Our client wanted to avoid a confrontation and simply tried to leave the house. His wife continued to follow him outside and continued to yell at him. When she couldn’t get her way, she called the Police and reported that he had pushed her.

Result
Our client described for the Court the tensions that existed in the house and the fact that he did not push his wife that day. The Court found our client to be very credible and could not be satisfied that he actually pushed his wife. The charges were DISMISSED.