Experienced Simple Assault Attorneys Serving the Toronto
Do you need a criminal defense lawyer for a simple assault charge in Toronto? Get the expert legal help you deserve.
What is Simple Assault?
Have you ever heard of “assault simpliciter” or “common assault”? It’s Canada’s entry-level criminal assault charge. Actual injury or strong force is not a must for simple assault. It’s about intentionally threatening or using force, directly or indirectly, on someone without their consent.
Section 266 of the Criminal Code spells it out. Though it’s on the lower end of assault charges, do not take it lightly. Even a Toronto assault lawyer would tell you that a simple assault rap could lead to jail time.
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Penalties For Simple Assault in Toronto
If the court finds you guilty, you might walk away with a slap on the wrist – an absolute or conditional discharge. With a final discharge, you can go without a criminal record despite the guilty verdict.
A conditional discharge? It is almost the same, but you must tick off a few boxes like probation or court-ordered classes.
Now, the other end of the spectrum – the harshest penalty for simple assault in Canada caps at five years behind bars. First-timers, breathe a bit easier; that maximum sentence is not typical for you.
Compared to the big-league assault charges, simple assault might seem like small potatoes. It’s easy to brush it off, especially if you think you did no wrong.
Do not get too comfortable. Although the stakes are lower than more serious assault charges, do not underestimate the impact.
Defences for Simple Assault
Are you navigating a simple assault charge in Canada? Contact our criminal defense attorney when charged. Check out these defenses for simple assault charges:
Self-Defense: Thought you were under attack? If your reaction fits the bill, given the situation, it is a solid defense.
My Mistake: Ever had one of those ‘excuse me’ moments in a jam-packed subway, bumping into someone? That’s an accidental assault. No harm intended means no assault, legally speaking.
They Said ‘Okay’: If the person gave the thumbs up for what led to the alleged assault, you might have a case.
Consent is off the table if the other person was tricked or strong-armed.
Assault Cases Solved
Please email us through the form on this page for a free chat about your situation.
Punishment for Simple Assault Upon Conviction
The term “simple” might be misleading when it comes to assault charges. Do not underestimate their gravity. Even if you have never touched the law, a first-time simple assault charge can land you up to 5 years behind bars, 3 years on probation, and leave you with a lifelong criminal tag.
Now, think about domestic scenarios. Often, the accused are barred from their homes and forbidden to contact their partners, even indirectly, for months while their case slowly navigates the complex court system.
Remember how everything slowed down during COVID-19? Well, domestic assault cases, which already took over half a year to resolve pre-pandemic, are now part of a longer, more drawn-out process
Where Simple Assault Can Happen
Public Areas:
- Walking down streets or chilling on sidewalks
- Riding buses and subways or hanging out at train stations
- Enjoying parks or engaging in outdoor fun
- Grooving at bars or dancing in nightclubs
School and Colleges:
- Schools and busy college campuses
- Universities
- Cheering at school sports or club activities
Workspaces:
- Navigating office politics in corporate buildings
- Toughing it out at construction sites
- Day-to-day tasks in factories or warehouses
Events and Gathering:
- Celebrating at weddings or parties
- Jamming at concerts or getting lost in festivals
- Networking at conferences or exploring trade shows
Is Simple Assault a Felony
Assault, in its most basic form, is typically a misdemeanor. Think of it like the ‘entry-level’ assault charges, where someone either plans to or accidentally ends up hurting someone else. We are talking about minor injuries here – think of a bruise or a scratch.
Now, the consequences for simple assault are not too heavy. It is primarily tiny fines and jail time is rare.
But the stakes can shoot up to a third-degree felony, especially in specific hot scenarios. For instance, if the assault targets someone like a public servant or a government official, that’s a problem.
Contact Kazandji Law Firm Today in Toronto
Facing a simple assault charge? Do not just sit there; take action! At Kazandji Law Firm, we are not just your lawyers but your allies in navigating these choppy legal waters.
Our team is not just experienced – we are battle-tested in assault cases, safeguarding your rights at every turn. We get how overwhelming court stuff can be.
That’s why we are here to arm you with top-notch advice and a solid shoulder to lean on. A simple assault charge should not have the power to derail your life’s track.
Call us for a chat, and let’s start turning the tables on this situation with some brilliant, strategic moves.
Will I go to jail for first assault in Canada?
If you’re facing a first-time assault charge in Canada, the outcomes can range widely. You might encounter fines, probation, or restraining orders. Mandatory counseling or even imprisonment could be on the table in more severe cases.
What is the sentence for simple assault in Canada?
For those convicted of simple assault in Canada, the consequences can be pretty significant. You could look at up to six months in jail, a fine of up to $5,000, or both.
What is the maximum sentence for simple assault in Canada?
In Canada, the stakes for simple assault are high. The maximum penalty you could face is five years in prison, underscoring the seriousness of the charge.
Is simple assault a severe crime in Canada?
Any assault charge in Canada is treated with utmost seriousness. It’s not just a legal issue; it’s a matter that can significantly impact your life and future.