Assaults & Violent Offences
An Assault is the application of force or the threat of force against another individual without their consent and without legal justification or excuse. It is one of the most common offences charged under the Criminal Code.
Assault charges can be laid in a variety of situations, including domestic disputes, disagreements with neighbours, bar fights, athletic events and other violent situations. Assault chargers are often laid alongside other charges such as Uttering Threats, Forcible Confinement and/or Criminal Harassment. More serious allegations of Assault include Assault with a Weapon or Aggravated Assault.
In order to be convicted of an Assault, the Crown must convince the court, beyond a reasonable doubt, that:
-
the accused applied force directly or indirectly to the complainant;
-
the accused intended to apply force; and
-
the complainant did not consent to the application of force by the accused.
There are a number of possible defences to an Assault charge. These include (but are not limited to) self-defence, defence of a person or property, consent or defences based on a violation of your rights under the Canadian Charter of Rights and Freedoms.
