Assault Lawyers Toronto

Introduction

Assault lawyers in Toronto defend all assault-related offences under the Criminal Code of Canada. 

Andrew Captan is an experienced Assault Lawyer in Toronto, with over 12 years experience in criminal law.  In this article, a description of all the main assault-based offences are outlined, along with frequently asked questions surrounding them.

What are the Assault related charges in Toronto

There are a range of criminal offences that have, as their root, the offence of Assault.  Assault Lawyers in Toronto will practice in some or all of these areas of criminal defence. A list of the offences include:

• Assault (Common Assault or Assault Simplicitor)
• Domestic Assault
• Assault with a Weapon
• Assault Causing Bodily Harm
• Aggravated Assault
• Sexual Assault
• Assault – Choking

If you have been charged with any one of these offences, you are facing a serious criminal offence, as these are all crimes of violence (which are more serious, generally speaking, than property crimes).

There is a misconception that Assault charges in Toronto, Ontario are categorized in three levels – 1, 2 and 3.  That misconception may stem from the legal definitions from our neighbours to the south, but is incorrect if used in Canada.  Assault charges are identified by the names above, and their corresponding sections of the Criminal Code of Canada.

What is considered Assault in Toronto, Ontario

For someone to be found guilty of any of the types of Assault-related charges above, the underlying offence of Assault must be proven by the Crown Attorney.

The term “assault” is defined in s. 265(1) of the Code:

“A person commits a 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 gesture, to apply force to another person, if he has, or causes that other person to believe upon 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.”

Under paragraph (a), the offence is committed where an individual intentionally applies force to another individual, without the other individual’s consent.  This, by far, is the most common way in which an Assault charge is laid; Assault Lawyers in Toronto do not often encounter charges that stem from either paragraph (b) or (c), although they do come up from time to time.

What are examples of an Assault

An Assault, as defined above, captures a wide array of conduct.  Some of the following may be considered Assault, and are often seen by Assault Lawyers in Toronto on a daily basis in their practices:

• Punching or kicking
• Spitting
• Pushing
• Throwing an object at someone
• Hitting someone with an object
• Choking someone
• Grabbing someone’s body

What are the most serious forms of Assault

From the list provided above, Assault Lawyers in Toronto generally consider either an Aggravated Assault or a Sexual Assault as being the most serious types of Assaults in the Criminal Code of Canada.  This is because not only of the maximum punishments associated with each offence, but also by way of the types of sentences typically delivered for each in Toronto Criminal Courts.

What is the least serious Assault charge

The least serious, legally speaking, is simple (or common) Assault, under s. 266 of the Criminal Code of Canada.  All other Assault related charges carry an aggravating feature to them, such as injury, a sexual aspect, choking, etc.

What are defences to Assault

There are several potential legal defences that are commonly advanced to the offence of Assault:

• Self Defence:
• Defence of Property
• Corrective Force (if an assault charge is laid in relation to a child)
• Consent (such as a consent fist fight)
• The defence of accident
• De minimis (which is basically an argument that the courts should not criminalize the conduct due to how trivial it is)

How much does a criminal lawyer charge for an Assault-related case

Assault Lawyers in Toronto often determine their legal fees in different ways. Some charge hourly. Others charge on a flat fee basis.  On a very general level, Assault charges can range from $3,500 to – $25,000, depending on charge severity and the anticipated work to be completed.

What is the most common punishment for an Assault-related case

There is no set punishment or sentence for any Assault-related charge.  Each case must be assessed independently based on the facts and the accused’s personal circumstances.  Assault Lawyers in Toronto see a wide variety of penalties for Assault-based charges, including:

• Conditional Discharges for less serious or low level Assault cases
• Suspended Sentences & Probation and Fines for low to mid level seriousness
• Conditional sentence of jail through to imprisonment for serious cases

If you’ve been charged with any of the assault related offences listed above, it is imperative that you seek guidance from one of the many experienced Assault Lawyers in Toronto, given the risk of criminal convictions and more.

Can you get Assault-related charges dropped in Toronto, Ontario

Yes – it is possible to get Assault related charges dropped.  Generally speaking, the more serious the assault charge, the more difficult it is to get them withdrawn or dropped.  For example, the following are types of charges that are difficult to get dropped:

• Assault by choking
• Assault causing bodily harm
• Aggravated Assault
• Sexual Assault

Assault Lawyers in Toronto will usually employ a strategy to help you achieve the most lenient disposition or outcome for your case.

Andrew Captan – Assault Lawyer in Toronto, Ontario

Call Andrew Captan – Criminal Lawyer today at (647) 878-6355 to speak to a Toronto criminal lawyer who has significant experience in defending individuals charged with Assault, whether it stems from a Bar Fight, Road-Rage Incident, Domestic Assault, Parent-Child Assault, and more.