Assault Lawyers

A person commits an assault when,

• attempts or threatens, by an act or a gesture
• applies force intentionally to another person, directly or indirectly
• to apply force or causes that a person to believe on reasonable grounds that he has the ability to effect his purpose or while openly wearing or carrying a weapon or an imitation, a person accosts or impedes another person and/or begs.

No consent to force or an assault is obtained where the complainant submits or does not resist by:

• fraud
• the application of force
• threats or fear of force
• the exercise of authority.

The Criminal Code of Canada definition applies to all forms of assault, including sexual assault, assault with a weapon, threats to a third party or causing bodily harm and aggravated assault.

Do you have a defence to the charge? As criminal assault lawyers we are able to tell you whether you have a defence to the charges against you.

Common defences to assault charges include:

• consent, e.g. a consensual fight
• self-defence of yourself or others
• defence of someone under your protection

Where you believe you have a defence to the charge or explanation we want to hear it and discuss the merits with you.

In Canada, minor assault charges are referred to as summary conviction offences (less serious).

Serious offences are referred to as indictable offences (more serious).

The crown attorney decides whether to proceed with the charge(s) as an indictable offence, or by summary conviction.

Common assault is generally prosecuted as a summary offence.  Assaults of a serious nature or where injury has occured, the prosecution may seek to prosecute the accused as an indictable offence.  Seeking more serious penalties if convicted.

Where the accused is charged with any criminal offence and facing a criminal record, call our office to speak with an assault lawyer to discuss your defence.

Common assault is the lowest level of assault in Canada.

An assault occurs where one person applies force upon another person. In criminal charges for common assault, usually no injury as occurred or the injury is very minor in nature, e.g a scrape or minor bruise.

Where there is no history or previous criminal record the crown attorney may deal with these charges with community service, conditional discharges or by way of diversion.

As criminal assault lawyers we appear in court for you, speak with the crown attorney, resolve your charges or take them to trial.

Many times common assault charges are dropped completely or withdrawn as a result of diversion programs, small fines, community service or a peace bond…

A domestic assault is aggression by way of acts, gestures or words between two or more people that have a relationship with each other, e.g dating, married, common law or have a family relationship.

Where any violence occurs between people who have a relationship with each other, the police are directed to make an arrest and remove the accused from the home.

Where the police determine that a domestic assault has occurred, the police will take the accused into custody until the accused can be brought before a justice for a bail hearing.

Domestic violence is considered a serious criminal incident.

The prosecution will be seeking conditions in a bail hearing, keeping the partner:

• out of the home
• away from family members
• other corrective measures.

Crown attorneys will be looking to prosecute the assault believing that a domestic assault is a serious public interest incident.  Where a domestic assault has occurred an assault lawyer or lawyer versed in criminal defence takes charge of your case dealing with the court system and crown attorney.

Read More on Domestic Assaults >

Sexual Assault is defined as an assault of a sexual nature that violates the victim.

The Supreme Court of Canada held that the act does not depend solely on contact with any specific part of the human anatomy but rather the act or sexual nature that violates the sexual integrity of the victim.

When investigating an assault of a sexual nature relevant factors include:

• part of body touched
• nature of  contact
• situation in which the contact occurred
• words and gestures accompanying the act
• other circumstances surrounding the act
• any threats that may or may not be accompanied by force

The victim of a assault can be man or woman and the attacker can be of the same sex as the victim. A spouse may be charged with assault upon the other spouse.

★★★★★  Needed an assault lawyer and was referred to Nicholas. I couldn’t have asked for anything more! He was professional, courteous and took the time to analyze all aspects of my case for the best possible outcome. Always well prepared and knew what to suggest for each step of the way. The result was above expectations and I was grateful for the outcome. I would highly recommend him..  (GoogleReviews)

Where bodily harm has occurred, where the injuries are more than trifling or minor in nature, a charge of assault cause bodily harm may be laid against an accused.

Assault causing bodily harm charges are considered very serious whereupon the courts and crown attorney may consider fines, probation and possible periods of incarceration (jail).

You’re not guilty unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal assault lawyer.

As a criminal assault lawyers we have years of experience dealing with assaults and assault related charges.

Together with my network of legal professionals I provide experienced legal representation, for those looking to do everything possible to be properly represented in criminal court.

Call 416-731-7113 to discuss your assault charge today.