Assault

Most criminal law practitioners would agree that the definition of "assault" under section 265 of the Criminal Code of Canada is very broad:

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, toapply 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.

In certain cases, the accused may receive clemency from a Crown Attorney and the Court in the form of a "peace bond", under section 810 of the Criminal Code of Canada. This option is not available for every case, nor to all accused.

If you have been accused of assaulting someone, you may believe that you were justified to act violently in the "heat of the moment". This does not necessarily mean that the court will acquit you. A seasoned criminal defence lawyer can help you understand and effectively deploy the defences available to you.

If you have been accused of committing an assault, you should get expert representation as soon as possible.

Call us now for a consultation.

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