Assault Lawyer in Canada

What Assault covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused applied force to the complainant, or threatened or attempted to do so
• The application of force was intentional, not accidental
• The complainant did not consent to the force applied
• The accused knew of, or was reckless as to, the absence of consent
• Identity of the accused and the date and jurisdiction of the alleged offence

Penalties and consequences on conviction

• Custody is possible on an indictable election, while many first-time simple assaults resolve without a jail sentence
• A criminal record for assault, which is disclosed on vulnerable-sector and employment record checks
• Probation with conditions such as no-contact orders and counselling
• A DNA order in defined circumstances and a weapons prohibition where the court finds it appropriate
• Immigration consequences for permanent residents and foreign nationals, and difficulty entering the United States

Common defences

• Self-defence under section 34, where the response to a perceived threat was reasonable in the circumstances
• Defence of property under section 35
• Consent, including implied consent in the context of a consensual fight or contact sport
• The force was accidental or reflexive rather than intentional
• Identification is unreliable, particularly in crowded or poorly lit settings
• Charter breaches during arrest, search or the right to counsel under section 10(b)

Assault lawyer: frequently asked questions

Can an assault charge be laid if nobody was hurt?

Yes. Section 265 does not require injury. Intentionally applying force without consent is enough, and even a threatening gesture can qualify if the accused had the present ability to carry it out. Injury is relevant to the seriousness of the charge and the sentence, not to whether the offence is made out.

Can the complainant drop the charge?

No. Once police lay a charge, only the Crown can withdraw it. A complainant's wish not to proceed is information the Crown considers, but the prosecution belongs to the Crown, not the complainant. Counsel can put that position before the Crown as part of resolution discussions.

What is a peace bond and how does it relate to an assault charge?

A peace bond under section 810 is a court order to keep the peace and follow conditions, usually for up to twelve months. Crown counsel sometimes agrees to withdraw an assault charge in exchange for a peace bond. Entering into a peace bond is not a conviction and does not create a criminal record.