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:
- EDefence of Property
- EDefence of Another Person
- ECorrective Force
- EReflex Action
OTHER ASSAULT RELATED OFFENCES:
- EAssault Cause Bodily Harm
- EAssault with a Weapon
- EAggravated Assault
- EUnlawfully Causing Bodily Harm
- 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.
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...
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 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...
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: 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...
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...
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...
If you are visiting Canada from another country, chances are you are hoping to see some natural beauty and visit some friendly cities. But what happens when your travel plans turn out unexpectedly and you find yourself arrested while travelling? In this post, we’ll...
In an attempt to clear the high number of cases currently awaiting trial in the Ontario Courts, the government has created a new guilty plea certificate system that incentivizes those accused to plead guilty by providing legal representation for a guilty plea. ...
A summary offence is considered a less serious offence and comes with less severe penalties if you are convicted.