Assault

Criminal Law Assault:

Assault is a Criminal offence under the Criminal Code of Canada. It is defined under section 265 which reads : (1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Assault can comes in many forms, and under section 265(2) that the definition of assault applies to all forms of assaults, which include sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated assault.

Punishment for Assault:

Assault charge is considered an Hybrid Offence as per Section 266 of the Criminal Code. This section reads that Everyone who commits an assault is guilty of 1) an indictable offence and is liable to imprisonment for terms not exceeding 5 years; or 2) an offence punishable on summary conviction. Summary conviction carries a maximum of 6 months imprisonment or $5,000 fine.

An assault charge should not be treated lightly. It is the crown prosecutors duty to prove the case against you without a reasonable doubt. It is important that you obtain legal representation immediately so that your lawyer can obtain disclosure, review the strength of the case made against you, and fiercely advocate for you. Your lawyer will also advise you if there are any legal defences to your alleged assault charge which may negate the elements of the offence.

If you’ve been charged with assault,
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