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 of 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:
- ESelf-Defence
- EDefence of Property
- EDefence of Another Person
- EConsent
- ECorrective Force
- EReflex Action
OTHER ASSAULT RELATED OFFENCES:
- EAssault Cause Bodily Harm
- EAssault with a Weapon
- EAggravated Assault
- EUnlawfully Causing Bodily Harm
- ETorture
- EAssaulting 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.
How to Bail Someone Out Jail?
Being released on a reasonable bail is extremely important in ultimately determining how a criminal case unfolds. Remaining in custody until trial affects how a criminal case is heard and has severe implications on an accused person's life and relationships. Being...
What Happens When You’ve Been Convicted of Fraud?
In any legal case, it's important to know what the possible outcomes could be. If you're facing a criminal charge of fraud, for example, it's helpful to understand the possible consequences of a conviction. What exactly happens after you're convicted of fraud? Here,...
What Is The Partner Assault Response Program?
The Partner Assault Response (PAR) Program is a program offered in many Canadian provinces to men and women who have been charged with domestic assault or other domestic violence related offences. The main goal of the PAR program is to provide these accused people...
Penalties For Breaking And Entering Convictions
Breaking and entering is a fairly common criminal offence that is taken very seriously by the courts in Canada and has a maximum sentence of imprisonment for life. This article will briefly examine elements the offence of Break and Enter, Home Invasion Robbery and...
Digital Fingerprints to Catch Human Traffickers
What is a Digital Fingerprint? Digital Fingerprints are a unique digital signature or digital identifier much like a person's fingerprint. Every computer user and internet surfer has a digital fingerprint that contains data that identifies the web browser used, some...
The Rule in Browne and Dunn – The Confrontation Rule
The rule in Browne v. Dunn, also known as the confrontation rule, is rooted in concerns about trial fairness. The rule states that where a party, in criminal cases usually the defence, is advancing a theory that contradicts the evidence of the witness being questioned...
Crown Disclosure & Their Obligations in Criminal Cases
What is Crown Disclosure? Crown disclosure is simply the records that are in the possession or control of the Crown Attorney which are relevant and constitute the product of the police investigation or which will likely form the case against the accused. Essentially...
Domestic Assault Charges: What Happens Now?
Domestic Assault Charges: Now what? Will There Be a Criminal Record? Anyone that has been charged with domestic assault should seek assistance from an experienced criminal lawyer to help navigate the criminal justice system. The best way to reduce the risk of...
Can You Be Charged with Assault Without Touching Someone?
When most people think of assault, they think of someone being physically attacked. However, there is another form of assault that can be just as serious - assaulting someone without touching them. This type of assault can involve verbal threats or actions that put...
Diversion For Criminal Charges in Ontario
Many individuals facing criminal charges have questions about alternate methods of making up for the harm caused by their alleged crime instead of a prison sentence. In this post, we’ll examine what is meant by diversion, go through the diversion procedures and...