What is Criminal Assault?

Criminal Assault (s. 265 of the Criminal Code) is making intentional physical contact with a person without their consent.  It is a broad offence that can range from minor to quite serious.

It does not matter whether or not the other person was injured.  Under certain circumstances, even a simple poke or shove can be considered a Criminal Assault.  In fact, Criminal Assault can occur even when there is no any physical contact.  You could be charged with Criminal Assault for attempting or threatening to make physical contact with a person or by approaching a person while displaying a real or fake weapon.

There are many other offences that are closely related to Criminal Assault but involve different factors and potential sentences.  For more information on these offences, please click on one of the following links:

Assault Causing Bodily Harm (s. 267 of the Criminal Code)

Aggravated Assault (s. 268 of the Criminal Code)

Assault with a Weapon (s. 267 of the Criminal Code)

Domestic Assault

Sexual Assault (ss. 271-273 of the Criminal Code)

 

What is the Potential Sentence if you are Convicted of Criminal Assault?

There is a wide range of potential sentences for Criminal Assault, ranging from a discharge, which would lead to no criminal record, to five years of imprisonment.

 

How Can DUVADIE Law defend your Criminal Assault Charge?

Upon meeting with you, DUVADIE Law will begin to explore various ways of defending your case.  It may be possible to argue that the contact was so minor that it does not merit criminal charges or that the contact was accidental or that there was reason to believe that the complainant consented to the contact.[1] 

DUVADIE Law will vigorously question the Crown attorney’s evidence.  For example, it may be possible to argue that as it was dark it was at the time in question, it was not possible for witnesses to positively identify you as the one who committed the Assault.

We will also explore any legal defences available to you.   Some defences that could apply include:

  • provocations
  • self-defence;
  • defence of another person; and/or
  • defence of property.

There are many ways of defending against a Criminal Assault charge or arguing for a reduced sentence.  

Please consult DUVADIE Law to discuss all the options that may be available to you.  Call (613) 422-1155 or Toll-Free 1 (855) 422-1155 to set up your free 30-minute consultation.

[1] It is not possible to consent to bodily harm.  Interestingly, however, it is possible for two people to consent to a fight so long as no one is actually injured.