Edmonton Assault Lawyer
Criminal Defence Against Assault
Assault is a serious crime which can result in a fine, probation, or even jail. Depending on the severity of the assault, assault charges can be considered a summary or indictable offence. If you have Assault on your Criminal Record other countries can deny you entry if you wish to visit. This includes the United States, as those with a criminal record are not allowed to visit the country. Section 266 of the Criminal Code of Canada states that assault happens when “without the consent of another person [he or she] applies force intentionally to that person, directly or indirectly.” This applied force can vary greatly such as simply the threat of violence or assault all the way to maiming or disfiguration of another person through aggravated assault.
If you have been charged with assault, contact Brian McGlashan for the best chance to reduce your penalties or get your charges dropped.
Various Types of Assault
Simple Assault – Section CC 266 of the Criminal Code
An unplanned assault that is considered relatively minor. This could include threats or attempted assault (throwing a punch without connecting, for example), shoving, punching, kicking, and other acts of violence that do not impede the livelihood of another person.
Assault Causing Bodily Harm – Section 267 of the Criminal Code
Assault causing bodily harm is any kind of harm that interferes with someone’s life for more than a short period of time (a broken bone, for example) or any choking or strangulation of another person.
Domestic assault is not within the Criminal Code; however, Crown Prosecutors and the Court system often take domestic assault charges more seriously than a simple assault as it involves the harm and broken trust of a family member. If you are charged with assault against a domestic partner, that would be considered domestic assault.
Assault with a Weapon – Section 267 of the Criminal Code
Assault with a weapon is the threat, use, or even carrying of a weapon (or imitation of a weapon) against another person.
Aggravated Assault – Section 268 of the Criminal Code
Aggravated assault is the most serious type of assault and is always an indictable offence, while other assault charges are often hybrid offences. Aggravated assault is a charge for serious injuries such as maiming, disfigurement, wounding, or endangering the life of another person.
Sexual Assault – Section 271 in the Criminal Code
Sexual assault is considered the violation of a person’s sexual integrity. This includes threats and/or physical touching that is sexual in nature. Each assault charge listed above can also be sexual assault, where aggravated sexual assault, for example, will have a different level of charge and punishment than sexual assault.
There are many situations where you may find yourself involved in an assault charge and it is critical that you know and understand your rights.
McGlashan & Company is here to help.
Frequently Asked Questions About Assault:
If you are charged with assault, it’s important to hire an experienced criminal defence lawyer who will provide you with different defence options and argue on your behalf. The best chance you have at beating an assault charge is through the assistance of a criminal defence lawyer who has experience in your kind of case.
In Canada, alleged victims (complainants) cannot directly drop any assault charges as the Police charge defendants with crimes and the Crown decides whether or not to prosecute. Victims (complainants) do not make or drop criminal charges.
In short, yes. If you’re charged with assault for defending yourself, someone else, or your property against an attack, you can use self defence as an argument to have your charges dropped.
Assault is a lesser charge than aggravated assault. In the Canadian Criminal Code, assault is the act of applying force to another person without their consent, while aggravated assault is an indictable offence. reserved for only the most serious assault cases that resulted in the injury, maiming, disfigurement, or life endangerment of another person.
Battery is not a term used in Canada’s Criminal Code as it is an American criminal charge; however, battery would most closely be considered assault causing bodily harm. Assault is the act of (nonconsensually) applying force to another person, but battery (assault causing bodily harm) is more serious as the force applied caused harm or injury to another person.