Need help with Assault Charges in Hamilton?
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Assault charges are common in Canadian courts, with severe consequences. The offence of assault includes anything from threatening conduct to physical conduct with another person, and the penalties range from a conditional discharge to 14 years in jail. An assault charge will stay on an individual’s criminal record indefinitely, affecting their ability to travel to the U.S., rent a home, volunteer, or pursue careers in teaching, child care, or medicine. If you have been charged with assault, speak to an experienced assault lawyer at Hamilton Criminal Lawyer and request a free case consultation. They will help explain your charges and the likelihood of success.
In Canada, there are three main levels of assault in the Criminal Code:
Common assault is found under section 265(1) of the Criminal Code and is the intentional use of force, either directly or indirectly, against another person without their consent. Along with pushing, slapping, and punching, face-to-face verbal threats may also result in an assault charge under section 265(1)(b) of the Criminal Code. The British Columbia Court of Appeal concluded that under s. 265(1)(b), “mere words will not constitute an assault” (R v Dawydiuk, 2010 BCCA 162). Specifically, assault is committed without making physical contact when the accused “threatens by an act or gesture to apply force to another person if he has, or causes that person to believe on reasonable grounds that he has, present ability to effect his purpose” (R v Horner, 2018 ONCA 971). Further, “the offence under s. 265(1)(b) is the threat to apply force to another, not the application of force” (R v Bernard, 1988 SCR 833).
Section 265(1) of the Criminal Code, states that a person commits a common assault when:
The offence of assault applies to all forms of assault including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. The word “intentionally” in the Code has been interpreted by the Supreme Court to mean “not done by accident or through honest mistake” (R v Bernard, 1988 SCR 833).
The sentencing time for assault will vary depending on the amount of force used in the assault, and other factors surrounding the offence. Please read our article on what is the sentencing time for assault to learn more about potential sentences. Section 266 of the Criminal Code sets out the penalties for common or simple assault. It states:
Every one who commits an assault is guilty of:
If the Crown proceeds by way of an indictable offence, the accused is liable to a prison term not exceeding five years. That means a court has the discretion to sentence the accused to no jail time, or a maximum of five years in jail. Typically, if the Crown proceeds by way of indictment, they are asking the court for a prison sentence. If the Crown proceeds by way of summary conviction for a common assault, the accused is liable to a fine not more than $5,000, and/or to a maximum prison term of six months.
Before delving into the details, it’s crucial to understand what assault is. An assault is typically defined as intentionally applying force to another person without their consent. It can also involve an act or gesture that causes another person to believe they are in danger of harmful or offensive contact.
When an assault charge is levelled against an individual, several steps are set in motion. The police can arrest the accused, after which they could either be held in custody or released on bail, depending on the severity of the assault and their criminal history. An appearance in court follows, where the accused will formally respond to the charge. These procedures can be intimidating, and getting a legal representative to guide you through this process is advisable.
Section 742.1 of the Criminal Code allows the sentencing judge to consider a conditional sentence (CSO) for common assault. A conditional sentence allows the accused to serve their sentence in the community instead of jail. If an accused is found guilty of assault under section 266, the following dispositions are also available to the sentencing judge:
The Crown prosecution has to prove the following three elements beyond a reasonable doubt:
The legal system is complex, and navigating it without expert guidance can lead to unfavourable outcomes. This is why having an assault lawyer is essential. Assault lawyers understand the intricacies of assault cases and can provide valuable counsel, and they can help mitigate charges or penalties and ensure your rights are upheld.
The best thing you can do if you are charged with assault is hire an experienced assault lawyer. Hamilton Criminal Lawyer is a dedicated assault lawyer. We are here to obtain the best possible outcome for all of our clients. We understand the seriousness of criminal charges, and how a criminal record will affect all aspects of your life. We will do everything we can to find the best legal defence and make the process less stressful for you. We have decades of experience defending assault charges, and we know all of the ins and outs of the legal system.
Assault lawyers play various roles. They can negotiate a favourable bail term, help you understand the charges and possible consequences, represent you in court, and build a robust defence strategy. Essentially, they take on the legal complexities so you can focus on other aspects of your life.
Being charged with an assault is a serious matter, and it has far-reaching implications that can significantly impact your life. However, with expert legal help, navigating this challenging situation is possible. Hamilton Criminal Lawyer is dedicated to providing legal support and representation. If you or your loved one is facing an assault charge in Hamilton, feel free to contact us for a consultation.