Assault as defined in the Criminal Code of Canada refers to any intentional use of force against another person without their consent either directly or indirectly. This can include anything from a punch to a push. The Criminal Code definition of assault also technically includes threats or gestures, but in these situations, a person will more typically be charged with uttering threats and not assault.
While two people can legally consent to a fight, an individual cannot consent to the application of force in some circumstances. For example, an individual cannot have consented to a fight that results in bodily harm, which includes scratching or bruising.
The penalties for assault vary depending on if the Crown proceeds summarily or by indictment. A person convicted of assault can be liable to imprisonment for a maximum of 5 years if the Crown proceeds by indictment.
Although simple assault is the least serious form of assault, a conviction can have a long-lasting impact on an individual’s life as it can result in a criminal record and time in jail.
An experienced criminal lawyer will be able to review the evidence that is against you and advise you as to the best strategy or defence if you are charged with assault. Some defences against an assault charge include determining that there was consent, and it was self-defence for yourself, others, or your property.
In less serious assault cases, it may also be possible to have the charges withdrawn without the need for a trial, especially if you’ve been charged for the first time.
Contact me to learn how I can help you assess your options, effectively challenge an assault charge and receive the best outcome possible.