Assault is defined as any intentional, unwanted touching of another. It does not have to involve violent force, nor does the victim have to actually suffer harm; in some cases, even the threat to apply force may be enough to merit an assault charge. Where there is actual harm inflicted, depending on the injuries, the charge may be upgraded to “assault causing bodily harm,” “aggravated assault,” or even “attempted murder.”
There are a number of valid defences to assault and other violent offences in Ontario. If the alleged assault victim consented to the application of force, or if the defendant was acting in self-defence, the defendant may be able to obtain an acquittal. For a successful self-defence argument, a defendant would need to show that he used reasonable force to defend himself against an assault. Every case is different and will depend on the specific details and circumstances of the alleged assault, but relevant evidence in assault cases may include the degree of force used, how much harm was caused, who provoked the assault, and whether the defendant intended to cause serious bodily harm or death.
The Crown will aggressively prosecute assault cases, particularly domestic assaults. Depending on what type of assault is alleged, if convicted the sentence may be as lenient as a discharge or as serious as a lengthy jail sentence. Fines and probation are also often involved after a conviction for assault. In addition to fines and or prison time, a conviction on any assault charge may have far-reaching implications for a defendant. It can result in an Order requiring the convicted person to provide a sample of his or her D.N.A. to the databank kept by the R.C.M.P. as well as a Court ordered Firearms Prohibition. It can curtail a person’s ability to travel and to obtain future employment or education; it can also negatively impact family law rights, immigration status, reputation, and many other important facets of a defendant’s life.
If you or someone you love is facing assault charges, there is a great deal at stake. The legal considerations and court procedures involved in assault cases can be complex. You need to be sure that your case is in the hands of an experienced criminal defence lawyer who can protect your rights and fight for the best possible outcome for you.
The certified specialists in criminal law at Cugelman & Eisen have more than 60 years of combined experience in criminal defence, having prepared and argued cases successfully at all levels of the Ontario court system. They have built their practice on hard work, clear communication with clients, and an unwavering dedication to excellence in the field of criminal defence; today, Cugelman & Eisen is one of the most highly regarded law firms in the Barrie area. They provide exceptional criminal defence in all types of cases, including homicide, impaired driving, domestic and sexual assault, property offences, youth offences and more. Bernard Cugelman and Mitchell Eisen stay abreast of the latest developments in Canadian criminal law, which allows them to provide the most effective defence for every client. They can assist you through every phase of your criminal case, from police investigations, bail, and pre-trial hearings to trials, plea negotiations, and appeals. The law offices of Cugelman & Eisen are located at 89 Collier St. Suite 100, Barrie, Ontario L4M 1H2. Call them at (705) 721-1888 to discuss your case.
The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.