The offence of Assault



Definition of assault


Under the Criminal Code of Canada, the offence of assault is contained in section 265. In order for the police to charge someone with assault, the circumstances are such that, the person has done something to another person that is either forceful or is a threat to apply force and, which occurs without the other person's consent. So for example, if you are having an argument with someone and you all of a sudden slap them on the face, then you could get charged with assault. Similarly, in that same scenario, if you were to make a motion of raising your hand as a threat to slap, then an assault charge could be laid. Of course if you do get charged, then, as an assault lawyer in Brampton, we have the experience to defend the charges. In order for the prosecutor to convict you of assault, the judge must be satisfied beyond a reasonable doubt, that the alleged victim either had force applied to them or perceived that force would potentially be applied and, in a situation where the force was on purpose and without permission.


Defences


We always strive to be the best criminal lawyer in Brampton and part of that involves ascertaining any possible legal defences to assault. One possible defence could arise in a situation where, although you did commit an assault, it was done for self-defence, as you did what was reasonably necessary to protect yourself. Another defence is that of consent. For example, if someone came up to you and challenged you by punching you, and you start hitting back, then it would be considered a consensual fight. Alternatively, you may not get convicted of assault if we are able to prove that the assault occurred accidentally. As an illustration, if you are standing on a crowded bus and, it suddenly has to swerve, resulting in you banging into the person next to you, As top criminal lawyers in Brampton, it is our job to ensure that we thoroughly explore all possible defences, so that you have the best possible chance to get acquitted of an assault charge. This involves an investigation of all the circumstances surrounding the commission of the offence. This could include us actually visiting the scene of the allegations in order to get an idea of the physical layout. Additionally, we would also ascertain if there is was any surveillance camera that had video which could substantiate the defence. Also, it would also be important for us to personally interview and potential witnesses that could assist in court. When you conduct a search under best criminal lawyer Toronto, we always strive to earn a spot on that list.