Everything to Know about the Crime of Assault in Toronto

Introduction

There are different types of crimes in the Criminal Code of Canada – from property crimes, to crimes against dishonesty One category of crimes is violent crimes. There are a wide range of violent crimes that Violent Crime Lawyers encounter, such as:

• Assault
• Assault with weapon
• Aggravated assault
• Assault causing bodily harm
• Robbery

This article focuses on the offence of Assault and is written by an experienced Toronto Assault and Battery Lawyer.

What Is an Assault?

An assault generally involves any application of force, directly or indirectly, with another person without that person’s consent. The Criminal Code specifies three types of behaviour that amount to assault:

• 265 (1) 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.

Paragraph (a) is the most common type of Assault that Toronto Assault and Battery Lawyers see.

Evidence in Assault Cases

There is a variety of types of evidence that the police will gather in Assault cases in Toronto. Note that all evidence that is gathered by police must be turned over to the Crown Attorney who, in turn, must turn it over to you or your Toronto Assault Lawyer. This process is known as “disclosure”, and is a key pillar of our criminal justice system in Canada.

The types of evidence typically gathered in an Assault investigation are:

• Statements from witnesses
• A statement from the alleged victim
• Medical records (if there were injuries)
• Surveillance (if the incident was recorded)

Potential Defences for Assault Charges

Toronto Lawyers for Assault Charges will generally know what to look for when reviewing a client’s case and assessing what defences, if any, exist and can be raised in court. There are a range of potential defences, but the following are some of the more common ones:

• The Assault did not happen (the complainant lied to police)
• The Assault did happen, but it was justified by way of self-defence
• The act that led to the Assault charge was accidental
• The act that led to the Assault charge was not intentional
• The acts in question were consented to by the opposing party

How Much Does an Assault and Battery Lawyer Cost?

Legal fees for an Assault Lawyer in Toronto will vary across the board. Some charge hourly rates and others charge flat rates. You should first inquire whether it would be an hourly rate or a flat rate when conducting your search, and get the lawyer to narrow down as best as possible what the fees would be. Fees are normally dependent on the complexity of the case and how much time a criminal lawyer will dedicate to the file. You should always reduce any agreement to writing in the form of a Retainer Agreement, so that there is no “guessing” at what you must pay.

What to Look for in an Assault Lawyer

Searching for a Assault Lawyer in Toronto may be more challenging than you initially think. From the vast number of criminal lawyers out there, to the varying fees you are quoted, to the differing views on how your case might be handled — you may just want to pull your hair our during your search, and I don’t blame you! Here are some points to help you narrow down your search.

• Locate a Toronto criminal lawyer who has significant experience in Assault cases
• Look for a criminal defence lawyer who has visibility online and has been subjected to peer and/or public reviews
• Get a feel for each lawyer with a telephone call and/or in person meeting, to see if they have a personality that works with you
• When speaking to an Assault Lawyer in Toronto, ask them what their strategy or plan typically is in these types of cases
• Ask the Assault Lawyer for examples of any similar cases they’ve dealt with and what the result was in those cases

How to Beat an Assault Charge in Ontario?

To “beat” or win an Assault case in Ontario usually requires a methodical and careful approach to responding to the allegations asserted against you. In my experience, the two types of general strategy that can be employed to beat an Assault case would be as follows-

Option 1

Where the assault happened, create a plan to demonstrate it was an isolated and uncharacteristic incident, for which you should not be penalized with a criminal record. This plan usually involves gathering detailed information about your background, character and positive attributes, along with (sometimes) completing counselling. A package of supporting documentation can be presented to the Crown Attorney, with the view to convince the Crown Attorney to withdraw your Assault Charges.

Option 2

Where the assault did not happen (for example, if the complainant has lied, or has described the situation in a way that does not align with your version of events), a Toronto Assault Lawyer can attack the viability of the Crown’s case, and point out problems with it, including:

• The believability of the complainant
• The existence of implausible aspects to the complainant’s allegations
• Inconsistencies in the complainant’s allegations
• And more

This approach can also combine some aspects of Option 1 above, without the counselling component.

What Counts as a Serious Assault?

A serious Assault or Battery Offence usually incorporates one or more of the following attributes:

• There was one or more injuries
• There was a child present during the assault
• A child was the victim of the assault
• There was choking involved
• There was loss of consciousness
• Medical attention was required for the victim
• The assault was repeated
• The victim was blind sided or sucker punched

The more serious the Assault, the more likely the Crown Attorney will seek jail time as an outcome.

Contact a Toronto Assault Lawyer

Andrew Captan is an experienced Toronto Assault Lawyer. Over 40% of his practice consists of Assault-related offences. You can reach him at (647) 878 – 6355, at andrew@captanlaw.com or by visiting HERE.