Assault lawyer in Toronto
Assault charges are laid quickly, often on one person's account, and often in situations where the person charged believes they were the one being attacked. Being charged is not the same as being guilty.
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The range of assault charges
At its foundation, assault is the intentional application of force to another person without their consent. It also covers threatening gestures and attempts. From that base the Criminal Code escalates through a series of more serious offences depending on what happened.
- Assault. The base offence. Force applied without consent, or an attempt or threat to do so.
- Assault with a weapon. Where a weapon was carried, used or threatened. "Weapon" is interpreted broadly and often means an everyday object.
- Assault causing bodily harm. Where the complainant suffered hurt or injury that is more than merely transient or trifling.
- Aggravated assault. The most serious form, where the complainant was wounded, maimed, disfigured or their life endangered.
- Assaulting a peace officer. A distinct offence with its own considerations.
Domestic assault
Domestic assault is not a separate offence in the Criminal Code, but in practice it is handled very differently. Charges are routinely laid on the strength of a single statement, and once laid, the complainant cannot simply withdraw them. That decision belongs to the Crown, not to the person who called the police.
The immediate consequences are usually the ones that hurt most. Release conditions commonly prohibit any contact with the complainant and any attendance at a shared residence. People are frequently removed from their own home, separated from their children, and left with nowhere obvious to go, all before any finding of guilt.
Those conditions can sometimes be varied, and that is work that starts immediately rather than at trial. If you are in this position, call before you breach a condition trying to sort it out informally. A breach is a new criminal charge and it will damage the underlying case badly.
Self-defence
A great many assault charges arise from mutual altercations in which the person charged was defending themselves. Canadian law recognises self-defence, and where it applies properly it results in an acquittal rather than a reduced sentence.
Broadly, the questions are whether you reasonably believed force or a threat of force was being used against you or another person, whether you acted for the purpose of protecting yourself or them, and whether what you did was reasonable in the circumstances. Courts assess that in light of the situation as it actually was, including its speed and confusion, and not with the benefit of calm hindsight.
Two of our recent results turned on exactly this: in one, independent witnesses established that the complainant had been the aggressor; in another, self-defence was accepted where our client was surrounded by multiple aggressors and reasonably believed an assault was imminent.
The other places these cases are won
- Identification. In fights involving several people, poor lighting, and intoxicated witnesses, proof that it was you who applied force can be much weaker than it first appears.
- Credibility and reliability. Where the case is one account against another, inconsistencies between the statement, the notes, the 911 call and the testimony matter enormously.
- Consent. Available in some contexts, though the law places firm limits on it, particularly where bodily harm is intended and caused.
- The degree of harm alleged. Whether an injury actually meets the threshold for bodily harm is frequently contestable, and it changes the charge.
- Charter issues. How the statement was taken, whether the right to counsel was respected, and how any search was conducted.
Resolutions short of a trial
Not every assault case should be fought to a verdict, and part of a defence lawyer's job is being honest with you about which is which. Depending on the circumstances, the record, and the strength of the Crown's case, outcomes short of a conviction are sometimes available. Whether anything of that kind is realistic in your case is a conversation to have after the disclosure has been reviewed, not before.
What to do now
- Say nothing about the incident to the police. You are not obliged to explain yourself, and explanations given at the scene are rarely helpful later.
- Follow your release conditions exactly, even the ones that feel unfair or absurd. Breaching them creates a second charge and undermines the first.
- Preserve evidence now. Photograph your own injuries. Save messages. Note who was present. Do not contact witnesses yourself.
- Call a lawyer immediately if conditions are keeping you from your home or your children. That is often the first thing that can be improved.
Common questions
Can the complainant drop the assault charges?
No. Once charges are laid the decision to proceed belongs to the Crown, not to the complainant. A complainant who no longer wishes to proceed may affect how the Crown assesses the case, but they cannot withdraw it themselves, and the matter will not simply disappear because everyone has reconciled.
I was defending myself. Is that a defence to assault?
Yes. Self-defence is recognised in Canadian law and, where it applies, results in an acquittal. Broadly, the court asks whether you reasonably believed force was being used or threatened against you, whether you acted to protect yourself, and whether your response was reasonable in the circumstances as they actually were. It is a fact-specific analysis and the details matter enormously.
I have been ordered out of my own home. Can that be changed?
Sometimes. Release conditions can be varied, and that is work that begins immediately rather than waiting for trial. What is achievable depends on the allegation, the circumstances and the Crown's position. What you must not do is breach the condition while trying to resolve it informally, because a breach is a fresh criminal charge.
Will an assault charge show up on a background check?
A conviction creates a criminal record. Charges that do not result in a conviction can still appear in certain kinds of police record checks, particularly vulnerable sector checks, depending on the circumstances. If your employment or licensing depends on a clean check, tell your lawyer at the outset because it affects strategy.
What is the difference between assault and assault causing bodily harm?
Bodily harm means hurt or injury that interferes with health or comfort and is more than merely transient or trifling. Whether a particular injury crosses that line is often genuinely arguable, and it changes both the charge and the potential sentence, so it is worth contesting where there is a real argument.
Talk to us about your case
Every Defence LLP has defended criminal charges across Ontario since 2006. Our office is at 920 Yonge Street, Suite 602, Toronto. The first consultation is free and the phone is answered around the clock.