Best Assault Lawyer Toronto: How To Find the Best One for You
Introduction
If you’ve been charged with the offence of Assault (also known as Common Assault or Simple Assault), contrary to s. 266 of the Criminal Code of Canada, you may be wondering what to do in order to find the Best Assault Lawyer in Toronto for you.
I wrote a lengthy article on how to locate the Best Domestic Assault Lawyer in Toronto for you, which can be found HERE. Many of the points from that article are applicable here, with some minor deviation.
I am an Assault Lawyer in Toronto. Through my experience both with Assault cases, I can provide you with key tips on how to find the Best Assault Lawyer in Toronto for your specific situation.
I preface this article by saying there it is next to impossible to single out any Toronto Criminal Lawyer as the Best Assault Lawyer in Toronto. Moreover, lawyers are prohibited from advertising that they are the “best”. This article is used for you to be able to find the Criminal Lawyer that is best for you, in particular – for your own needs, preferences, financial situation and particular accommodations that are necessary.
What is an Assault
Common Assault is the lowest level Assault offence in the Criminal Code of Canada. It is a commonly laid charge, given the broadness of the definition of Assault.
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.”
What are Examples of an Assault
There are an endless number of ways in which someone might be at risk of facing an Assault Charge in Toronto. As an Assault Lawyer in Toronto, I have seen a number of different types of behaviours lead to the charge of Assault:
- Punching, kicking or slapping someone
- Grabbing someone’s body or pulling them
- Pushing someone
- Spitting on someone
- Knocking someone over
- Choking someone
- Throwing an item at someone
There is even some case law which suggests that farting on someone may constitute the crime of Assault!
So, let’s fast forward to the point at which you have been charged by police for the crime of Assault. You have been given a court date. You’ve never been involved in the criminal court process before, don’t know any lawyers and are too embarrassed to ask friends or family for a referral. Here are some suggested steps to follow in locating the Best Assault Lawyer – Toronto for you.
Step 1 – Develop a List of Assault Lawyers in Toronto by conducting an Internet Search
Whether you use Google, Yahoo or another search engine, here are some suggested “keywords” to input in order to make a list of potential Assault Lawyers in Toronto that may be the best fit for you:
- Toronto Assault Lawyer
- Assault Lawyer Toronto
- Best Assault Lawyer Toronto
- Best Assault Lawyer in Toronto
- Common Assault Lawyer Toronto
- Simple Assault Lawyer Toronto
- Battery Lawyer Toronto
Make a list of about 8-10 Toronto Assault Lawyers – ones that catch your eye due to factors such as:
- Apparent reviews
- Location and proximity to you
- Size of firm (you may prefer a larger firm or a smaller one, for example)
- Experience level of lawyers at firm
Step 2 – Focus Initial List to a Short List of Assault Lawyers in Toronto
At this stage, you ought to make a short list of Toronto Assault Lawyers who each meet the most important criteria for you. For example, let’s say the top three criteria for locating a Toronto Criminal Lawyer is (1) Experience (2) Small Firm Size and (3) Location. Run through the initial list you made and find three that check each of these boxes off. You are slowly getting on your way to locate the Best Assault Lawyer Toronto for you – keep going!
Step 3 – Schedule a Consultation with a Toronto Assault Lawyer
My suggestion as far as the next step goes would be to setup a consultation with each of the three Criminal Lawyers or Criminal Law Firms that made your short list. Place a call to the firm and either ask if a consultation can be offered on the spot or whether you have to schedule one first.
Keep in mind that some Toronto Assault Lawyers charge for consultations while others offer free ones. If you are not willing to pay for a consultation, this may automatically narrow down that list of three lawyers even further!
Take a deep breath – you’re getting there in locating the Best Assault Lawyer Toronto for you!
Step 4: What to ask during a consultation with a Toronto Assault Lawyer
This is the most critical step, in my view, to ensure that you are locating the Best Assault Lawyer – Toronto for you. In short, the most care and time should be spent on this step so that you increase the odds of retaining the right one, right away!
Here, not that Google Reviews are an obvious screening tool. If one of the Assault Lawyers in Toronto on your list has a 1 star review with many reviews offered, then perhaps you should look onwards. Note, however, that there are a number of other crucial factors to locating the Best Assault Lawyer in Toronto beyond reviews. Some of these factors that should be explored by you would be the following:
- Find out which lawyer will be working on your case specifically
You want to ensure that the lawyer with whom you will be working is compatible with you and meets the criteria that you used to hire the law office.
- What experience level the lawyer has
To determine experience levels in narrowing down your search for the best domestic assault lawyer in Toronto for you, some of the following factors can be inquired about:
- (a) How many years of experience as a lawyer does the person have?
- (b) Does the lawyer practice exclusively in Assault Files?
- If NO to (b), what percentage of their practice is comprised of Assault charges?
- (c) What is the lawyer’s trial experience in Assault cases?
- (d) What is the lawyer’s general strategy in defending Assault cases?
- (e) Can the lawyer offer examples of cases that are similar in nature to yours where they can describe a positive outcome?
While experience, in and of itself, does not dictate case success, it may have a baring on it.
- What would the defence strategy be in your case
While it may be too early for the lawyer to come up with a specific strategy after a single consultation, the lawyer surely can offer some insight into potential ways in which they may assist you in your defence. As far as strategies go, you may want to ask the following types of questions:
- Approximately how long do they usually take to complete their cases?
- What are some of the common steps they follow in completing their cases?
- What involvement do they require of you to assist them with their defence?
- What steps, if any, other than counselling might help achieve a positive outcome in the case?
- Would self defence be a possible defence strategy?
You at least want to hear some general commentary about how the Toronto Assault Lawyer approaches Assault cases, so you are not met with surprises once the case and defence starts.
- Does the lawyer have any disciplinary infractions from the Law Society of Ontario
You may also inquire whether the lawyer has been disciplined at all by the Law Society of Ontario. To do this, you don’t need to ask the lawyer him/herself, as this information is all public. You can visit the LSO’s website to locate the directory.
- Look out for red flags
If any Assault Lawyer in Toronto says any of the following, I would suggest caution in retaining them:
- They guarantee they will “win”
- They are the best Toronto Assault Lawyer
- They tell you that they will not be in communication with you once they take on the case and will just tell you what the outcome is
- They have never lost an Assault case – ever!
- You should hire them right away otherwise you will definitely lose your case
- Their approach is better than any other Toronto Assault Lawyer in securing positive outcomes
Step 5: Lawyer Fees in Assault Cases
The final important aspect of locating the Best Assault Lawyer in Toronto is to determine whether the lawyer’s fees are a fit with you. You should make inquiries with the lawyer about their fee structure, including:
- Whether they bill hourly or on a “block fee” (or flat fee) basis;
- What their hourly rate is;
- What their block fee rate is;
- Whether there will be any potential “hidden” fees or potential surprises as far as costs go;
- Whether there may be costs other than fees, such as disbursements (a disbursement is an expense a lawyer may incur in a case that is typically paid out by the client)
Conclusion
I have provided a summary of how to go about retaining the Best Assault Lawyer Toronto for you. Keep in mind that this is only a guide and there could be other important and valuable tools that you may utilize in your search.
ABOUT THE AUTHOR – ANDREW CAPTAN, CRIMINAL LAWYER
Andrew Captan is an experienced Toronto Criminal Lawyer, and an Assault Lawyer in Toronto. For a FREE consultation about your Assault case, you can call him at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.
