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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.

Domestic Assault

Domestic Assault

Although there is no separate offence of "Domestic Assault" or "Spousal Assault" in the Criminal Code, Assault charges laid in domestic dispute situations are generally laid under the common Assault section or Assault with a Weapon of the Criminal Code.

Assault With a Weapon

Assault With a Weapon

The crime of Assault with a Weapon is the application or threatened application of force against another person where a weapon is used as a tool in respect of the force.

Aggravated Assault

Aggravated Assault

Aggravated Assault is the most serious form of Assault. An Aggravated Assault charge requires conduct that results in serious and potentially life-endangering harm to another person.

Sexual Assault

Sexual Assault

Sexual Assault is any Assault of a sexual nature. Sexual Assault charges are some of the most serious charges one can face. In addition to a criminal record and possibly significant jail time, a Sexual Assault conviction carries a certain stigma and will result in the individual’s name being included on various sex offender registries.

Uttering Threats

Uttering Threats

The crime of Uttering Threats to Cause Death or Bodily Harm is a charge under the Criminal Code, where a Threat has been interpreted to include “any menace or denunciation that ill will befall the recipient” and Bodily Harm includes psychological hurt in addition to physical injury.

Forcible Confinement

Forcible Confinement

Under the Criminal Code, a conviction for Forcible Confinement carries a maximum possible penalty of 10 years imprisonment should the Crown choose to proceed by indictment, and 18 months imprisonment should the Crown proceed by way of summary conviction.

Criminal Harassment

Criminal Harassment

Criminal Harassment, sometimes known as stalking, generally consists of repeated conduct that is carried out over a period of time and which causes a person to reasonably fear for their safety or the safety of someone they know.

Assault

Assault

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.

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