Assaults

If you have been charged with assault, understanding the legal options available to you can be challenging. Legal proceedings vary depending on the charge you are facing and the associated court in which it will be heard. An experienced lawyer will be able to explain the ins and outs of your case and work with you to establish the best way forward.

Assault is defined in the Criminal Code of Canada as applying intentional force to another person without their consent, attempting or threatening to apply force to a person, or openly wearing a weapon while accosting or impeding another person. This applies to all forms of assault, including sexual assault, sexual assault with a weapon, aggravated sexual assault, threats to a third party, assault causing bodily harm, and assault with a weapon.

Why hire a lawyer to help with an assault charge?

An assault charge is serious. Based on the circumstances of the crime, the penalties will vary but can range all the way up to life imprisonment. Assaults can be tried as either summary offences or indictable offences, which will impact the penalties you face. Working with a lawyer will help you determine the best way forward following the charge.

Summary or Indictable offences: Working with a lawyer can help you convince the Crown to proceed with a summary offence. Summary offences typically carry smaller penalties and will have less of an impact on your life.

Understanding context: The Criminal Code of Canada outlines the parameters surrounding assault and consent. Upon hearing the details of your case, your lawyer will be able to identify if the charges are warranted based on the criminal code or if you may have a case for dismissal or a lesser charge. They will also help you understand the charges and the proceedings that will follow.

Defences: If you decide not to plead guilty and wish to defend yourself against the charges, your lawyer will help you gather the evidence and arguments needed to make your case to the court. In Canada, defences such as “self-defence,” “protection of property,” and other arguments may be used to demonstrate your innocence to the court. A lawyer can help streamline the process and ensure the arguments you use are supported by Canadian law.

Why RSG Law?

RSG Criminal Defence lawyers recognize that facing a criminal charge is a difficult time for you and your loved ones. Our lawyers leverage their knowledge of the law, court proceedings, and your case to develop a strategic legal approach that is focused on mitigating the impact of a criminal conviction.

Contact an RSG Lawyer for a consultation to discuss your case and how our firm can support you.