What is an Assault ?
Under Section 265 of the Criminal Code, if someone intentionally uses force on another without their consent – that’s an assault. It’s not about whether the other person got a scratch or how strong the knock was.
Even a swing and a miss (like throwing a punch but not landing it) count as an assault. Remember, staying informed and respectful of others’ boundaries is not just smart – it’s a legal must-do.
What Happens If You Are Charged With Assault
Facing assault charges in toronto? Being convicted of assault is no joke. Even a basic assault conviction can land you up to five years behind bars. If there is a weapon involved or someone gets hurt, you are looking at a possible 10-year time. And for aggravated assault? Get ready for 14 years.
Do you think any assault charge is a minor thing? Think again. It’s a fast track to a criminal record, like carrying a heavy backpack for life. It can slam doors on career opportunities, put a wrench in your job hunt, or even mess up your travel plans to places like the United States.
Our firm is a specialist in defending assault cases all over Toronto.
We dig up and safeguard the evidence that matters, then lay it out in court.
Our courtroom savvy also means we can often negotiate charge withdrawals or other resolutions before a trial is even on the table
But if a trial’s unavoidable, you need a courtroom expert lawyer. Someone who can make your story, examine the complainant on cross-examination, prep you to testify, and wrap it all up with a compelling closing argument.
Self Defence in Assault Cases
When someone’s accused of assault, their go-to defense often is, “I was just protecting myself!” These cases can get pretty chaotic, especially in domestic disputes at home. Now, if you are in the hot seat for assault, claiming self-defense is not easy at all.
You have got to convince the court that you genuinely thought you were about to get hurt and that your reaction was, let’s say, “reasonable under those circumstances.” That’s because what’s reasonable to you might not be to someone else.
Can you get the judge to buy your side of the story and agree that your actions were justified?
Alcohol Related Assault
Are you choosing to drink like a fish? Sorry, but that will not cut it as a defense in court. If someone fooled you into drinking or you had a few under-claims, you could argue intoxication in your defense.
Now, let’s not forget how alcohol messes with what witnesses remember. If the person on the receiving end of the assault was drunk, their memory might be as cloudy as a foggy morning. This could be a point in the accused’s favor, making the court question the reliability of what the victim remembers. But it’s not all about what the victim says.
The court’s going to look at everything – from how bad the injuries are to any confessions or statements from the accused.
Types of Assault
The following are the types of assault:
Simple Assault
Simple assault involves intentionally touching someone without their consent. It is like when you are playing a game, and someone suddenly takes it too far, getting too rough when no one agrees to it.
Aggravated Assault
When we talk about an assault criminal charge, things get serious real quick. Someone is not just pushing but hurting another person—like causing severe injuries or even risking their life. That is what we call aggravated assault. It’s no minor deal; it’s the big leagues of assault charges.
Assault with a Weapon
Are you getting in trouble for moving around something dangerous? That’s basically what Section 267 of the Criminal Code is about.
Imagine you are just chilling, and someone starts a fight while they have got something like a bat or worse in their hand. Not cool, right? That’s precisely what this law is tackling. It’s like telling people, ‘Hey, keep those dangerous toys out of fights.’
Assault Causing Bodily Harm
When someone lands a punch that results in a black eye or a bloody nose, they could face charges for first offense assault causing bodily harm.
This is not just a simple scuffle; it’s a step up in severity.
Domestic Assault
Two people may have dated, maybe they are married, or perhaps they have just split. Now, imagine one of them assaults the other. That’s domestic assault. It is not some particular category in the law books, but let me tell you, the courts do not take it lightly. It is treated as a significant no-no, just like any other assault.
Sexual Assault
In Canada, sexual assault is taken seriously as a crime. If found guilty, the perpetrator could be looking at a significant sentence, up to 14 years behind bars. Sexual assault is any assault that is sexual. But how harsh the penalty is, well, that depends on the following:
- How much muscle was used in the assault;
- Did they use a weapon or, scarier, a firearm;
- How old the victim was;
- The accused’s past run-ins with the law and
- Factors that might soften or worsen the situation
How Can I Help Defend Assault Charges in Toronto
Facing assault charges in Toronto? Here’s a guide to strengthen your defense:
- Tell what went down;
- Collect every trace of paper and record related to the incident;
- Snap up any photos as evidence;
- Keep a log of relevant texts, emails, or calls.
Once you are out on bail, turn into a detective and start collecting any information to give your lawyer an edge.
Want to get ahead? Try these:
- Proof of your job;
- Rally some character reference letters;
- Jump into counseling (think anger management, substance abuse, parenting classes);
- Grab a list of your meds and
- Document any mental health struggles you are wrestling with.
Call us Today
Facing legal challenges does not have to mean emptying your bank account or putting your future at risk. Our mission is a game plan aiming to avoid the trial, bypass the charges, and squeeze the rules so you can reconnect with your loved ones.
Across Toronto, Canada, we are the go-to team for affordable, top-notch legal defense, especially when the charges are on the line.
We are skilled criminal lawyers who genuinely care about protecting you and your future from the heavy shadow of a criminal record. Trust us; we have got the experience, expertise, and track record of trustworthiness to back this up.