Guelph Assault Lawyer

Facing an Assault charge in Guelph, Ontario? Contact our office for a FREE legal consultation to discuss you case and learn more about your rights, options and potential defences. A Guelph Assault Lawyer can guide you on next steps to provide some peace of mind for you during a challenging time.

Before doing so, familiarize yourself with the charge of Assault by reading this useful article.

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.”

In short, there are three separate ways in which the offence of common Assault can be committed.  The first two (under paragraphs (a) and (b)) are the most common in practice.  Under paragraph (a), the offence is committed where an individual intentionally applies force to another individual, without the other individual’s consent.

The first thing that a Guelph Assault Lawyer will do is retrieve and review your disclosure to see what evidence exists against you. A lawyer will be looking for potential “gaps” in the evidence, to see if the one ore more of the above elements of the Assault offence is missing, which would cause difficulty in the Crown proceeding with the case.

Are Injuries Required for an Assault Charge to be Laid in Guelph?

The Code does not specify the level of force required in order for physical contact to amount to an assault.  Courts across Canada have found that even minimal levels of force, such as the squeezing of a wrist, can constitute an assault.    Moreover, an “injury” to the complainant is not a prerequisite for someone to be charged with Assault.  The prohibited conduct is the act of intentionally making contact with another person, whether directly or indirectly, rather than the outcome of that contact.  That said, if an individual is injured, that is treated as an “aggravating” feature of the offence, which tends to increase the severity of the punishment.

Note that, under paragraph (b) (above), someone can be found guilty of an assault without making any physical contact with the complainant.  A common lay person misconception of the offence is that physical force is required to be charged and found guilty of Assault.

How Long is a Common Assault Case in Guelph?

The length of your case will be dependent on a number of factors, most importantly whether your case resolves without a trial (such as if the charges are withdrawn or you plead guilty), or whether a trial is required.

If the cases resolves, then, on average, an Assault case may last around 5-6 months in court. If the case is set for trial, the case may take over a year to complete.

What are Potential Defences to Assault that I May Avail Myself To?

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

• Self Defence:   Otherwise unlawful force can be justified if one is acting in self defence.  The framework of the defence is set out under s. 34(1) of the Criminal Code of Canada.  The defence arises where someone uses force to respond to actual or threatened force against them, whereby the responding level of force used is both reasonable in the circumstances, and was used solely for the purpose of defending oneself;
• Defence of Property:  Section 35 of the Criminal Code of Canada also provides a defence to one’s property (personal or real property), with similar parameters to those listed above, which relate to Self Defence
• Corrective Force:   Section 43 of the Criminal Code of Canada creates a legal defence for parents, teachers or someone acting in the position of a parent who use a reasonable amount of force on a child for the purpose of correcting their behaviour.  The Supreme Court of Canada in the case of Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) set out a wide variety of restrictions surrounding the applicability of the defence.  Three of the main parameters of the defence are that:  (1) the force must have been intended for corrective purposes; (2) the child must have been capable from benefiting from the correction and (3) the force used must be objectively reasonable in the circumstances.  The Court ruled that children under 2 are not capable of benefiting from correction, and so the defence would likely not apply to an Assault charge on a very young child
• Non-intentional Physical Conduct:   Since one of the legal elements of an Assault is that the conduct must be intentional in nature, a defence that is commonly argued is that the physical act was non-intentional, or accidental.

What are the Potential Penalties for an Assault in Guelph?

The penalties and outcomes for Assault charges in Guelph will vary depending on the seriousness of the charge, you criminal history (if any), your age, as well as other mitigating or aggravating features to the offence.

The best possible outcome for any Assault case is that your lawyer convinces the Crown Attorney to withdraw your charges. Beyond your charges being withdrawn, penalties range from an Absolute Discharge (at the low end) through to jail time (at the high end).

A Guelph Assault Lawyer can gauge which outcomes may be ones worth striving for in your particular case after you consult with one.

Andrew Captan – Guelph Assault Lawyer

Call Andrew Captan – Guelph Assault Lawyer today at (647) 878-6355 to speak to begin developing a strategy to defend against your accusations.