Assault Peace Officer

Assaulting a Peace Officer is an offence in the Criminal Code of Canada.  In British Columbia, the charge is often laid alongside shoplifting offences, domestic disputes, or situations where a person may be resisting arrest or detention following an allegation of criminal conduct. Unfortunately, what may seem like a trivial or relatively minor charge at the time its laid may turn out to have significant consequence for the accused, his employment or immigration status, and his ability to travel.

Our office has an outstanding record of success defending Assault Police and Peace Officer charges.  We have represented many professionals, university students, and families in the justice system for the first time, and we offer free consultations for all criminal matters.  If you are facing Assault Peace Officer charges in Vancouver, Richmond, Surrey, Abbotsford, and throughout British Columbia, we’re here to help.  

What are some of your recent Assault Peace Officer cases?

R. v. P.C. [2017] – Client charged with multiple counts of Domestic Assault against spouse and multiple counts of Assault Police. Allegations include attacking officers during course of arrest for domestic violence, with officer's glasses broken. Our office assists client with Ministry of Children & Family Development investigation and arranges for rehabilitative plan for client. We emphasize long-term consequences of criminal record for client and family during negotiations with Crown prosecutor. Following long-term diversion plan, Crown withdraws all charges – CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. J.D. [2013] - Client charged with Assault Peace Officer following police investigation during domestic violence call.  In the course of the investigation, client allegedly strikes officer.  Following discussions with the prosecutor’s office, client enters into a peace bond and all criminal charges are withdrawn – CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. F.A. [2013] - Client charged with multiple counts of Assaulting a Peace Officer following alcohol fuelled incident where client allegedly spat in the face of two separate officers and kicked a third in the groin. Matter is screened for a period of jail. Following discussions with the prosecutor’s office and extensive rehabilitation plan, client enters into a peace bond and all criminal charges are withdrawn – CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. C.R. [2013] – Client charged with Domestic Assault, Assaulting a Peace Officer, Uttering Threats, and Assault with Intent to Resist Arrest following incident where client strikes officer in the chest during domestic violence investigation. While attempting to take client into custody, other officers are struck. Client then allegedly threatens officer while in squad car – CONDITIONAL DISCHARGE and NO CRIMINAL RECORD

More of My Cases

What is the maximum possible sentence for Assault Peace Officer in British Columbia?

Under the Criminal Code of Canada, every one who is convicted of Assault Police or Assault Peace Officer is liable to imprisonment for a term not exceeding five years.

The officer or security guard is lying – who will ever believe me?

The job of a good criminal lawyer is to provide you with the best possible defence.  We have extensive experience dealing with situations where there are conflicting sides to a story, and we have successfully cross-examined numerous witnesses whose version of events is inconsistent with our clients’, much to our clients’ success.

How is Assault Peace Officer defined in the Criminal Code of Canada?

cc. 270 Every one commits an offence who:

assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; or assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or assaults a person

  1. who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
  2. with intent to rescue anything taken under lawful process, distress or seizure.

What are some defences to an Assault Peace Officer charge?

There are a number of defences to assault charges that focus on an accused person’s intent and state of mind, the circumstances of the charge, and how you were treated by police during the course of the arrest and investigation.  Whether you have a defence under the Charter, or whether you have a reasonable self-defence argument depends on of your particular case.  We offer free consultations for all clients facing Assault Police or Peace Officer charges in British Columbia where we will discuss your possible defences and put together a plan of action.