Assault is a very common charge given its broad scope. Assault takes place when force is intentionally used against another person without their consent. It is a popular misconception that Assault always requires that force be actually used; Assault can also occur when the use of force is only attempted or threatened. Assault is defined in section 265 of the Criminal Code of Canada.
Assault Lawyer in Brampton
Criminal Code of Canada – Definition of Assault
Section 265(1) of the Criminal Code of Canada, defines Assault: A person commits an Assault when –
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- 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
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
There are many ways a charge of Assault can be defended, depending on the facts of each case. Self-defence may be used where reasonable force is applied to defend oneself. A person can also consent to an Assault in limited circumstances, provided it was given freely and not due to force, threats, fraud, or the exercise of authority. For example, in R. v. Bugayong,  O.J. No. 5337, a boxing coach was found not guilty of Assault after a sparring match with his 13-year old student left the latter with a concussion; the punches leading to the injury did not exceed the force to which the student had implicitly consented to in adhering to the rules of boxing. Additionally, a person cannot be punished for “reflex actions”, which are involuntary physical actions resulting from an external source. In cases of reflex actions, there is no intention or mens rea behind the Assault, which the prosecutor must prove at trial to secure a conviction. For example, in R. v. Feng,  O.J. No. 5579, the accused immediately slapped the complainant in the arm after the complainant had scratched her, without thinking or intending to do so. This was considered to be a “reflex action”, and the accused was found not guilty of Assault.
Why you should hire Passi & Patel — Criminal Lawyers
Simple Assault is a hybrid offence which means that the prosecutor can elect to proceed in one of two ways: summarily (less serious consequences); or by indictment (more serious consequences).
If convicted of Assault, you could be face up to 5 years in jail. The sentencing judge may also make additional orders such as a DNA order, Weapons Prohibition Order or Probation.
At Passi & Patel – Criminal Lawyers, we understand that a charge of Assault, no matter how low-level can have a profound impact on your life. Given our years of experience, we are equipped with the knowledge, skills and ability to provide you with effective representation. If you are charged with Assault, call us now for a consultation at (905) 459-0004.
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