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The Criminal Code charge of assault is a very broad one and can encompass criminal charges laid under a number of different circumstances. The simple definition of assault is when an individual applies force to another individual.
What You Need To Know:
Just because you’ve been charged with an assault, that does not mean you will be convicted. A lot assault charges that go to courts in Canada will go unproven when individuals have proper legal representation.
Being charged with an assault can be extremely stressful and confusing.
Even though it may not feel like it, remember you are considered innocent until proven guilty. Assault cases are complex and there are hundreds of variables, do not assume that you do not have a defence. Even with aggravated assault cases.
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What Happens If You Are Convicted Of An Assault?
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Sentencing for various types of assault charges, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. Sentences can range from an absolute discharge to, in the case of an aggravated assault, a maximum of fourteen years in the penitentiary.
Potential Defence #1:
Someone who did not commit an assault may wish to testify and tell their side of the story. The Judge may then find them not guilty pursuant to a case called R. v. W(D) if their story is believed or if they are left in a state of reasonable doubt.
Potential Defence #2:
An individual acting reasonably in self-defence may be found not guilty of assault.
Potential Defence #3:
In certain cases a minimal amount of contact may not make out the offence of assault.
What Comes Next?
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