What To Do When Charged With Assault
If you have been charged with “assault”, don’t wait to start protecting your legal rights. You can be convicted and get a criminal record.
ASSAULT CAN BE A COMPLICATED CHARGE
You may face criminal charges of “assault” for anything from uttering a threat to the intentional application of force to another person. But you may not be guilty if the assault was accidental; committed in self-defence; or committed with the consent of the other person.
AN EXPLANATION OF ASSAULT
Legislation surrounding “assault” can apply to different forms of assault, including assault causing bodily harm; aggravated assault; assault with a weapon; domestic assault; sexual assault; sexual assault with a weapon; aggravated sexual assault; and threats to a third party.
The Criminal Code of Canada – Section 265 defines “assault” as follows:
(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.
PENALTIES FOR ASSAULT
The penalties you may suffer for an “assault” charge can depend on the type of charge, the severity of the assault and your legal history. Penalties can range from a dismissal of charges, to lengthy terms of imprisonment and a criminal record.
EXAMPLES OF ASSAULT PENALTIES
The following is a representative cross-section of penalties for “assault” convictions in Canada.
For a summary (less serious) conviction, the maximum penalty is imprisonment for six months.
ASSAULT WITH A WEAPON OR ASSAULT CAUSING BODILY HARM
For a summary conviction, the maximum penalty is imprisonment for 18 months. For an indictment (more serious), the maximum penalty is imprisonment for 10 years.
The maximum penalty is imprisonment for 14 years.
FIGHTING ASSAULT CHARGES
With the potential for a number of mitigating circumstances, protecting your rights and defending against assault charges can be complex. You need the legal advice and representation of X-Copper’s winning team of qualified and specialized assault lawyers, including former police officers and legal professionals. We are experienced in law enforcement methods and court procedures, and we know how to fight for the best results possible.