Assault Charge Defence Lawyer Mississauga, ON
Assault Charge is a criminal offence under the Criminal Code of Canada. It is defined under section 265 of the Criminal Code 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.
The definition is very broad, and the language of the legislation can capture many forms of acts. For example; spitting on a person can be construed as an assault.
Assault can come in many forms, and under section 265(2) of the Criminal Code the definition of assault applies to all forms of assaults, which includes sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, assault with a weapon, and aggravated assault.
Consent is one of the important concepts for any assault charge under 1(a) and is very fact specific as to whether the consent was obtained. The conception of consent varies from case to case. It's important to consult a Criminal Defence Lawyer/Assault Lawyer to discuss your case.
Punishment for Simple Assault:
Assault charge is classified as a hybrid offence in the Criminal Code. This means that the prosecution has discretion whether to proceed with the assault charge summarily or by indictment depending on the facts of the assault charge. Section 266 of the Criminal Code 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.
Indictment is treated more severely and the accused can elect a mode of trial whether by judge alone or judge and jury.
Every type of assault has its own punishment referenced in the Criminal Code. An assault charge should not be treated lightly. It is important that you hire an assault lawyer immediately so that your Assault Charge Defence Lawyer can fiercely defend the charges against you.
It is the duty of the prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of an assault charge must be met. If you are charged with assault you may have a defence available depending on the facts of the case. Your assault criminal defence lawyer will advise you if there are any legal defences to your alleged assault charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or an Assault Charge Defence Lawyer regarding your criminal case. It's also important to know that you have legal rights and equally important that they are preserved. Contact an experienced Criminal Defence Lawyer/Assault Lawyer today at (905) 230-4529 and book your consultation. As a Criminal Lawyer in Mississauga, I will defend your assault case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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