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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?

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.

What are some of your recent assault cases?

R. v. B.A. [2010] – Client charged with Assault relating to unprovoked attack on innocent bystander while client intoxicated – client completes alcohol counselling program and enters into peace bond – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R.v. M.R. [2010] – Client charged with Domestic Assault relating to significant physical contact on ex – client completes anger management counseling – no peace bond required – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R. v. S.C. [2010] – Client charged with violent road rage related Assault – client completes anger management counseling – common law peace bond – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R. v. I.K. [2009] – Client charged with Assault with a Weapon involving a knife – successfully argued acting in self-defence – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R. v. G.P. [2009] – Client charged with assault police at a concert while being forcibly removed from venue – prior criminal history – CONDITIONAL DISCHARGE
R. v. S.B. [2009] – Client charged with several counts of domestic assault and uttering death threats – spouse calls 911 and provides video statement to police – client found guilty of uttering threats – assault charges withdrawn – successfully argue for Absolute Discharge - NO JAIL AND NO CRIMINAL RECORD
R. v. N.D. [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
R. v. J.W. [2009] – Client charged with Assault Bodily Harm and Mischief stemming from alcohol induced attack on victim, subsequently charged with 4 beaches of court conditions and obstruct police – SUSPENDED SENTENCE AND PROBATION
R. v. D.H. [2009] – Client charged with assault relating to incident with bouncer in club district – several eyewitnesses including police – client significantly intoxicated – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R. v. E.C. [2009] – Client with stellar academic background charged with domestic assault relating to partner – client completes anger management diversion – no peace bond necessary - CHARGES WITHDRAWN AND NO CRIMINAL RECORD
R. v. D.G. [2009] – Client charged with Assault and Uttering Death Threats at girlfriend – significant injuries and photographs alleged – victim gives video statement and cooperative with police – after several months of negotiation Crown agrees to peace bond – CHARGES WITHDRAWN AND NO CRIMINAL RECORD

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Alexander Ejsmont is a criminal lawyer in Toronto, Markham, Vaughan, Kitchener, Richmond Hill, Brampton, Kingston, Mississauga, Oshawa, Burlington, Oakville, Etobicoke, Barrie, Hamilton, Guelph, Belleville, and throughout southern Ontario. His Criminal Defence law firm defends charges of assault, theft, fraud, impaired driving, domestic assault, drugs and other serious charges. The information on this site is strictly for informational purposes. Nothing on this site is intended to be considered legal advice. If you have a legal issue, you should contact a lawyer for advice regarding your own individual situation. You may contact the firm through the contact forms on the site, by phone, or e-mail. Contacting the firm does not establish a solicitor-client relationship, and you are requested to not send any confidential information to the firm until a solicitor-client relationship has been established. The firm accepts Legal Aid certificates for certain matters.
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