Facing an Assault charge in Newmarket and required to appear at 50 Eagle Street for your case? We can help. Our principal lawyer, Andrew Captan, has navigated numerous Assault cases in his years of practice (over 13), and is an experienced Assault Lawyer in Newmarket, Ontario.
Call (647) 878 – 6355 for a personal and confidential consultation.
Types of Assault Charges in Newmarket
An Assault Lawyer in Newmarket will handle a wide array of Assault charges. A list of all the Assault Charges you could face under the Criminal Code of Canada are as follows:
1. Assault (Section 265)
Definition: An assault occurs when a person:
- Applies force intentionally to another person without consent.
- Attempts or threatens to apply force.
- Approaches or impedes another while openly carrying a weapon.
Punishment (Section 266):
- Summary conviction or indictment.
- Max penalty: 5 years’ imprisonment (if indicted).
2. Assault with a Weapon or Causing Bodily Harm (Section 267)
Definition: Commits an assault and:
- Carries, uses, or threatens to use a weapon or imitation weapon.
- Causes bodily harm.
Punishment:
- Indictable: Up to 10 years.
- Summary: Up to 18 months.
3. Aggravated Assault (Section 268)
Definition: Assault that wounds, maims, disfigures, or endangers the life of the victim.
Punishment:
- Indictable offence.
- Max penalty: 14 years’ imprisonment.
4. Sexual Assault (Section 271)
Definition: Assault of a sexual nature that violates the sexual integrity of the victim.
Punishment:
- Hybrid offence.
- Max penalty: 10 years (up to 14 years if victim is under 16).
5. Sexual Assault with a Weapon, Threats to a Third Party, or Causing Bodily Harm (Section 272)
Punishment:
- Indictable offence.
- Max penalty: 14 years (up to life if victim under 16).
6. Aggravated Sexual Assault (Section 273)
Definition: Sexual assault that wounds, maims, disfigures, or endangers life.
Punishment:
- Indictable offence.
- Max penalty: Life imprisonment.
7. Assaulting a Peace Officer (Section 270)
Definition: Assault against a peace officer (e.g., police) engaged in their duties.
Includes:
- Assault.
- Resisting arrest.
- Attempting to disarm a peace officer.
Punishment:
- Indictable: Up to 5 years.
- Summary: Up to 2 years less a day and/or fine.
8. Aggravated Assault of a Peace Officer (Section 270.01)
Definition: Similar to Section 268 but directed specifically at a peace officer.
Punishment:
- Indictable.
- Max penalty: 14 years.
9. Assault on a Public Transit Operator (Section 270.02)
Definition: Assault committed against bus drivers, subway operators, etc., while they are performing duties.
Punishment:
- Same as regular assault (Section 266), but considered an aggravating factor for sentencing.
How Long Does an Assault Case Last in Newmarket
Assault cases may vary in length. The duration of the case will be impacted by the following factors:
- The number of witnesses
- The seriousness of the assault charge
- The number of incidents
- The accused’s criminal history
- The accused’s mental status at the time of the incident (e.g. whether they had a mental disorder)
- Whether a Newmarket Assault Lawyer has been retained
On average, Assault cases may take 6 months to resolve without a trial, and 12-18 months if a trial is required.
What is the Lowest and Highest Penalty for Assault in Newmarket
The lowest (most lenient) penalty or sentence is an Absolute Discharge for most assault offences. For others, an accused would NOT be eligible for a Discharge — such as Aggravated Assault. If the maximum penalty is 14 years to life, a Discharge is NOT available.
The highest (most severe) penalty is jail time.
Consult an Assault Lawyer in Newmarket to determine where in this range your case fits, and whether it would be possible to get you case withdrawn without a sentence.
Court Steps in a Simple Assault Case in Newmarket
In a simple assault case, the court process involves several key steps, starting from the initial report of the offence to the final verdict. The procedure typically begins with the reporting of the offence, where the complainant explains the details of the assault and provides evidence to support their claim. This report is then forwarded to the appropriate court for further action.
Once the case is in court, administrative steps are taken before it is submitted to the prosecutor’s office for pre-charge screening and advice. This includes vetting and reviewing the investigative file and preparing a pre-charge report R. v. White, [2020] O.J. No. 6111. If the case proceeds, the trial process involves opening addresses by the plaintiff and defendant, followed by the examination and cross-examination of witnesses. The trial judge may order certain witnesses to be excluded from the courtroom until they are called to give evidence.
During the trial, the prosecution must prove the elements of simple assault beyond a reasonable doubt. This includes demonstrating that the accused intentionally applied force to another person without their consent, attempted or threatened to apply force, or accosted or impeded another person while carrying a weapon. The defence may present evidence and arguments to refute the prosecution’s claims.
After all evidence is presented, both parties make closing submissions. The judge or jury then deliberates and delivers a verdict. If the accused is found guilty, sentencing follows, which may involve considerations such as the severity of the assault and any mitigating factors R. v. D.R.C., [2016] O.J. No. 4308, R. v. Powell, [2024] O.J. No. 1985.
Overall, the court process for a simple assault case is structured to ensure a fair and thorough examination of the evidence and arguments presented by both the prosecution and defence.
Potential Defences to Assault Charges in Newmarket
1. Consent (Section 265(3))
Key idea: The alleged victim voluntarily agreed to the physical contact.
- Applies to: Common assaults, sports-related contact.
- Limits: Not valid if there is serious bodily harm (e.g., aggravated assault), unless in a lawful activity (e.g., contact sports).
2. Self-Defence (Sections 34–35)
Key idea: You can defend yourself if you reasonably believe force is being used or threatened against you.
Requirements:
- You believed force or threat was being used.
- Your response was for self-protection.
- The force used was reasonable in the circumstances.
Factors considered:
- Proportionality.
- Immediacy of threat.
- History between parties.
- Other available means (e.g., escape).
3. Defence of Another (Section 34)
Key idea: You can use reasonable force to protect someone else from assault.
- Same principles as self-defence.
- Must be proportionate and necessary.
4. Defence of Property (Section 35)
Key idea: You may use force to protect property from being taken, damaged, or trespassed upon.
- Force must be reasonable.
- Lethal or excessive force is rarely justified.
5. Accident
Key idea: There was no intent to apply force.
- Assault requires intentional application of force.
- If the action was involuntary or accidental, it is not an assault.
6. Reflex Action
Key idea: A movement or action that was automatic, not deliberate.
- Example: Flinching and unintentionally striking someone.
- May negate the intent element of assault.
7. Alibi
Key idea: The accused was not present at the time and place of the alleged assault.
- Must provide credible evidence showing it was impossible for them to commit the offence.
- Strong corroboration is often required.
8. Mistaken Identity
Key idea: The complainant or witness identified the wrong person as the attacker.
- Common in fast-moving or poorly lit situations.
- Supported by inconsistencies or lack of forensic evidence.
9. Lawful Correction (Section 43 – re: Children)
Key idea: A parent or guardian may use reasonable force for correction of a child.
- Must be minor, transitory, and reasonable.
- No use of objects, no hitting in the head, no degrading or abusive conduct.
10. Mental Disorder (Section 16)
Key idea: The accused was suffering from a mental disorder that rendered them incapable of understanding their actions or knowing they were wrong.
- May lead to a finding of Not Criminally Responsible (NCR).
- Subject to review board oversight instead of jail time.
11. Intoxication
Key idea: Being intoxicated might affect intent (mens rea), especially for specific intent offences (e.g., aggravated assault).
- For general intent assaults, intoxication is rarely a full defence.