Assault covers a wide range of incidents under the Criminal Code of Canada, ranging from minor touching to serious bodily harm.
A person commits an assault when without the consent of another person, directly or indirectly, he or she applies force intentionally to that other person.
The case of R. v. Burden tells us that even minor touching may amount to an assault if done in an angry, revengeful, rude, or insolent manner.
The case of R. v. Horncastle, explains that an assault may also be committed when a person threatens to apply force to another person and has the ability to do so.
The Criminal Code of Canada Defines Assault as Follows:
265 (1) A person commits an assault when:
- (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Different Types of Assault Offences under the Criminal Code of Canada
- S.266 – Common assault
- S.267(a) – Assault with a weapon
- S.267(b) – Assault causing bodily harm
- S.267(c) – Assault by strangulation or suffocation
- S.269 – Assault unlawfully causing bodily harm
- S.268 – Aggravated assault
Consequences for Assault
Depending on the type of Assault Charge, the maximum penalties range from 2 years to 14 years in jail. However, there are other ways of resolving these charges, that result in minimal to no jail time.
Some assault charges may be resolved by way of a fine. The maximum fine amount after a summary conviction is $5,000.00.
Other assault charges may be resolved by way of a Conditional Sentence Order, or more commonly known as House Arrest.
The point is, depending on your charge, there are a number of ways to resolve your matters without going to jail.
Prohibitions and Orders When Convicted of an Assault
The Court may prohibit you from possessing any weapons if convicted.
The Court may order a DNA order against you, where you have to submit your DNA at a police station to be registered in the national DNA databank.
Usually, the Court will prohibit you from communicating with the complainant.
How Can Shory Law Help?
Our criminal defence lawyers have years of experience studying and practicing in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolve resolution of your case, effectively and efficiently.
If you have been charged with Assault, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.
There are numerous ways to resolve your charges, including having the charges:
- Withdrawn or Stayed;
- Dealt with by way of a Peace Bond;
- Dealt with through Alternative Measures Program;
- Dealt with by way of a fine;
- Dealt with through Probation;
- Dealt with through a Conditional Sentence Order (House Arrest); and
- Dealt with a short jail sentence.
Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:
- To avoid a jail term;
- To avoid a Criminal Record; and
- To avoid negative immigration consequences.
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What is the punishment for assault in Canada?
Depending on the type of Assault Charge, the maximum penalties range from 2 years to 14 years in jail.
Will I go to jail for first time assault?
While jail is still an option even if this is your first assault charge, there are other options that do not involve jail time.
Can an assault charge be dismissed?
Depending on your charge, there are a number of ways to resolve your matters without going to jail. This means the charge can be withdrawn or stayed.
Do assault charges stay on your record?
If you have been charged and convicted, the conviction will always remain on your record. However, you could apply for a Record Suspension to get the conviction expunged from your Criminal Record.