Assault
In Canada, assault is the application of force against another person without their consent. In its least serious form, often called “simple” assault, this may involve a single punch or slap with no significant injury. At the other end of the spectrum, an “aggravated” assault or assault with a weapon may involve grievous and lasting injury to the alleged victim. Courts are statutorily required to consider certain types of assaults and certain types of victims more seriously.
Defences
There are several defences to assault in Canadian law. For example, self-defence is a statutory defence found in the Criminal Code. An accused may be found not guilty if a judge or jury finds that in applying force to another person the accused was defending themself or another, and that their actions were reasonable in the circumstances. Another defence to assault is “consent.” If a court or jury finds a reasonable doubt that the alleged victim lacked consent, then the accused must be acquitted. In other words, if the alleged victim welcomed the physical altercation and did not suffer serious injury in the ensuing altercation then the accused will be found not guilty.
Strategy
If you have been charged or are under investigation for assault, you should seek legal advice immediately. If you call us, we will take immediate steps to preserve evidence that may be vital to your defence at trial or vital to getting the charges dropped. We will make sure you are advised of and understand your rights so you are fully prepared to deal with an investigation or arrest. We will explain potential defences and help you navigate the process in the least stressful way possible. We will liaise with police and the prosecution to defend you against State overreach. We believe that the best defence comes from immediate, ongoing, and tireless preparation. We’ll be on your side, 24/7, from start to finish.