Assault charges in Canada are very serious, but you probably already know that. That’s why you’re wondering how to beat a first time assault charge.
Assault charges can be a difficult and confusing situation to go through. Charges are usually laid by the police, not the alleged victim, and there are many layers to what an assault charge means. If you’re looking to beat a first-time assault charge in Canada, or any assault charge, there are a few things you can do to help your case along.
But first, we should take a moment to get on the same page.
What is Assault?
You might have an understanding of what assault means, but that understanding may differ from the legal definition of assault.
According to the Canadian Criminal Code Section 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 cause 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.
Don’t let the phrasing confuse you, this definition applies to everyone and not just men.
So what does this exactly mean?
In other words, in Canada, an assault can be a wide variety of things, including:
- uttering threats (threats to physically harm, kill another person, threatening to damage their property or to injure or kill an animal in their possession)
- making a threatening gesture (with or without a weapon)
- physically touching a person without their consent
- causing any kind of injury.
First Time Assault Charge
Because assault is taken very seriously in Canada, a clean prior record may not be enough to keep you out of prison or serious legal penalties.
Any assault charge is an extremely serious matter. Even first time offenders, who have never been charged with anything before in their lives, can be sentenced to up to 5 years in prison, up to 3 years of probation, and receive a permanent criminal record as a result of a simple assault charge.
If you were charged with assault or a related offence in the past, that record will be used against you by the Crown, even if the charge was withdrawn, peace bonded (810 or common law), stayed, etc. These are all related prior charges which will be taken into consideration by the Crown Attorney and the judge when determining your sentence, if you’re found guilty.
The first thing you should do if you are ever charged with assault in Canada is contact an experienced criminal defence lawyer. Defence lawyers will talk you through your case and make sure you fully understand what it is you’re being charged with – and how to beat that charge. If you’re looking for an experienced defence lawyer in British Columbia who can provide you with information and strategies for your defence, contact Dhanu Dhaliwal Law Group today.
Our criminal defence team, headed by former Crown Prosecutor Rob Dhanu have the experience and expertise to help you in your case. Contact our office by filling out our contact form or by calling our number at the top of the page.
