ASSAULT AND COMMON DEFENCES
The Canadian Criminal Code defines assault as occurring whenever a person, without consent, directly or indirectly, intentionally applies force to another. Over the years, however, the Courts have expanded the definition of assault to include such things as pretending to throw a punch, poking someone, pointing a finger, gently shoving a person, or even a light pinching. Courts have even found that words or acts that reasonably cause a person fear that force will be used against them can be considered an assault. An assault lawyer in Toronto like William Jaksa can help you if you have been charged with any form of physical or domestic assault.
WHAT IF IT WAS AN ACCIDENT?
Accidentally shoving a person or bumping into them is not an assault. An assault only occurs if the force used was intentional. That could mean that intentionally trying to hit one person but accidentally hitting another person is still an assault. It is the intention to apply force that is important.
ONLY MINIMAL FORCE WAS USED
The actual amount of force is not relevant to the determination if there was an assault. Even the gentlest of touches can be considered an assault. However, if only the slightest force is used, the Courts may consider it trivial and dismiss the charges. Also, the amount of force used will be considered in any sentencing decisions. Your assault lawyer can help to demonstrate to the Court that the amount of force was negligible and that no harm was caused to the plaintiff.
COMMON DEFENCES TO ASSAULT ALLEGATIONS
There are many possible defences to an assault allegation that Toronto Assault Lawyer William Jaksa can help you identify in your specific case. Some commonly recognized defences to assault include:
- Defence of Another Person
- Corrective Force
- Defence of Property
- Reflex Action
OTHER ASSAULT-RELATED OFFENCES:
- Assault Cause Bodily Harm
- Aggravated Assault
- Assault with a Weapon
- Unlawfully Causing Bodily Harm
- Assaulting a Police Officer
SELF DEFENCE – DEFENCE OF PROPERTY – DEFENCE OF ANOTHER PERSON
The law allows every person to use reasonable force to defend themselves, people close to them such as family members, and defend property from being lost or damaged. That force must be reasonable in the circumstances, can only be used to prevent the commission of an offence, and cannot be excessive. There are many factors that the court will analyze when trying to determine if the force used was reasonable. If you have been charged because you have defended yourself, your assault lawyer from Toronto, William Jaksa, will help prove your innocence.
For a more comprehensive explanation of the meaning of Aggravated Assault and some common defences for Aggravated Assault, please read the article “What is Aggravated Assault?”
ASSAULT LAWYER IN TORONTO
A Toronto assault lawyer can help you navigate the intricacies of the defences surrounding assaults. Contact Willaim Jaksa, Assault Lawyer in Toronto, to have an experienced professional on your side.