R. v. J.J. [2009] – Client charged with possession of prohibited weapon and Assault Police in the context of a police investigation where police entered client’s residence without a warrant while investigating a 911 call – successful challenge to police procedure and conduct – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Defended > Assault
Criminal Lawyer Alexander Ejsmont defends Assault charges in Toronto, Newmarket, Brampton, Oshawa and throughout Ontario.
A charge of assault is defined as the intentional application of force to another person without their consent. The charges of assault with a weapon or causing bodily harm, aggravated assault, assaulting a peace officer, sexual assault, and aggravated sexual assault are all related provisions.
Under the law, know that you may have several valid defenses to your assault charge, including self-defense, the consent of the other person, and the violation of your rights under the Charter of Rights and Freedoms. Entering a plea of guilty to a charge of assault can have profoundly serious consequences. The stigma of a criminal record, the hardship of being “processed” through our criminal justice system, the potential consequences for your work, your family, your reputation, and at worst, your freedom are significant. Know your rights. If you or a friend or family member have been charged with assault, contact a criminal lawyer defending assault charges in the Toronto area at 416.877.LAW1 (5291). Your first consultation is always free.
What is assault under the Criminal Code?
Can you consent to assault under the Criminal Code?
What is the possible punishment for assault?
What is the possible punishment for assault with a weapon or causing bodily harm?
What is aggravated assault?
What is the possible punishment for aggravated assault?
What do I do if I’ve been charged with assault?
What are some of your recent assault cases?
What is assault under the Criminal Code?
Under Section cc. 265. (1) of the Criminal Code of Canada, a person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. Subsection (2) states that this section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Can you consent to assault under the Criminal Code?
Under subsection (3) , no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority.
What is the possible punishment for assault?
Under Section cc. 266. of the Criminal Code, every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.
What is the possible punishment for assault with a weapon or causing bodily harm?
Under Section cc. 267. of the Criminal Code, every one who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
What is aggravated assault?
Under Section cc. 268. (1), every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
What is the possible punishment for aggravated assault?
Under Section cc. 268.(2), every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
What do I do if I’ve been charged with assault?
The consequences of a criminal record are significant. As an alternative to a custodial (prison) sentence, the court may impose one of several possible alternatives including diversion, discharges, suspended sentence, and fines.
Recent Assault Cases:
Assault with a Weapon Charges Withdrawn
R. v. K.I. [2009] – Client charged with Domestic related Assault with a Weapon involving a knife after restraining spouse who had attacked him with the weapon – successfully argued acting in self-defence – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Alcohol Counseling Leads to Charges Withdrawn
R. v. A.B. [2010] – Client charged with Assault relating to unprovoked attack on innocent bystander while client intoxicated – client completes alcohol counseling program and enters into peace bond – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Assault with a Weapon and Uttering Threats Charges Withdrawn
R. v. L.M. [2011] – Client charged with Assault with a Weapon and Uttering Threats relating to confrontation with security guard. Video surveillance disclosure provided by the Crown alleged that while my client was intoxicated, he repeatedly assaulted a security guard and attempted to push him into downtown traffic. Following discussions with the Crown, client completed a comprehensive alcohol counseling program – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Road Rage Assault Charges Withdrawn
R. v. C.S. [2010] – Client charged with violent road rage related Assault with several witnesses. After completing six short anger management counseling sessions, the Crown requests that the Client enter into a common law peace bond and all criminal charges are dropped. CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Withdrawn and Peace Bond for Assault
R. v. B.A. [2010] – Client charged with Assault relating to unprovoked attack on innocent bystander while client was intoxicated. After completing a short alcohol counselling program arranged through the firm, the Client enters into peace bond promising to stay away from the complainant and all criminal charges are dropped – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Withdrawn for Assault
R. v. T.E. [2010] – Client with a significant criminal record charged with Assault relating to a violent fight with adult son-in-law where injuries alleged. After completing six short anger management sessions arranged through the firm, Client enters into a peace bond and his charges are withdrawn at the request of the Crown. – CHARGES WITHDRAWN
House Arrest for Multiple Charges
R. v. S.R. [2009] – Client charged with Forcible Confinement, Domestic Assault, Assault with a Weapon, six subsequent breaches of bail conditions, and a subsequent additional Assault following a third successful bail hearing. Client had accumulated these serious charges over a several month period, and following discussions with the Crown, a joint position was agreed to by the judge that would allow my client to continue rehab and counseling – CONDITIONAL SENTENCE AND NO JAIL
Multiple Serious Charges Result in Suspended Sentence
R. v. W.J. [2009] – Client charged with Assault Bodily Harm and Mischief stemming from alcohol induced attack on passerby victim on major downtown street; subsequently charged with 4 Breaches of court conditions and Obstruct Police – SUSPENDED SENTENCE AND PROBATION
Assault Bodily Harm for Schoolyard Fight Charges Withdrawn
R. v. D.N. [2009] – Youth client charged with serious Assault Bodily Harm stemming from schoolyard incident – complainant suffered significant trauma and injuries – client completes counseling and writes apology letter – enters into Peace Bond – permitted back in same school – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Withdrawn for Incident with Club Bouncer
R. v. H.D. [2009] – My client, a university student and stand-out athlete, was charged with Assault relating to incident with bouncer in Toronto entertainment district – several eyewitnesses including police – There were allegations that my client was significantly intoxicated. Following discussions with the Crown, my client completed alcohol counseling and got back on the right track – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Conditional Discharge for Rock Concert Assault Police
R. v. G.P. [2009] – While intoxicated at a rock concert, Client was charged with Assault Police while security and police attempted to forcibly remove him from the venue – prior criminal history – Following submissions at sentencing, the court agrees with defence submissions and imposes a discharge. CONDITIONAL DISCHARGE