Self-Defence

Self-Defence Scenario

As a law firm in Brampton, some of our clients have experienced the following scenario; you are at a party with a group of people and are socializing and enjoying your time. All of a sudden, one of the guests comes right up into your face and starts accusing you of doing something in the past, for which you have no recollection of doing. You then simply tell them that you are willing to calmly discuss and resolve this. However, the other individual seems extremely agitated and is getting even closer to you. As you fear that he is about to hit you, you then push him back and he falls down. As a result, he immediately calls the police and you are charged with assault. As an assault lawyer in Brampton, Hundal Law Firm has the experience to demonstrate to the court that it was self-defence.

Self-Defence Definition

As one of the best criminal lawyers in Brampton, it is our duty to have our clients understand the law.

Under the Criminal Code of Canada, if someone is charged with an offence, then they may be found not guilty based on the following circumstances: (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and (c) the act committed is

reasonable in the circumstances. Of course when specifically examining the word reasonable, it does not seem entirely clear as to how to establish this. Accordingly, here is a list of some factors that the court can consider in deciding on whether the self-defence claim can be made out : (a) the nature of the force or threat; (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; (c) the person’s role in the incident; (d) whether any party to the incident used or threatened to use a weapon; (e) the size, age, gender and physical capabilities of the parties to the incident; (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat; (g) the nature and proportionality of the person’s response to the use or threat of force; and (h) whether the act committed was in response to a use or threat of force that the person knew was lawful. As one of the top criminal lawyers in Brampton, we pride ourselves on thorough knowledge of the law on self-defence, so that our law firm in Brampton can competently handle the case.