Being charged with an assault can be extremely stressful and confusing
Let Adam Goodman help you. Adam Goodman practices criminal law in Greater Toronto Area and has the necessary experience in defending people who have been charged with an assault.
Adam has the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your assault charges.
Adam Goodman’s clients come first
Adam Goodman does not run a stuffy traditional law firm. He regularly meets with clients at times that work for their busy schedules and he will happily arrange for an evening or weekend appointment.
Why it’s essential you hire an experienced criminal lawyer
Just because you’ve been charged with an assault, that does not mean you will be convicted. A lot assault charges that go to courts in Canada will go unproven when individuals have proper legal representation.
Even though it may not feel like it, remember you are on consider innocent until proven guilty. Assault cases are complex and there are hundreds of variables, do not assume that you do not have a defence. Even with aggravated assault cases.
An experienced criminal lawyer will have huge list of possible assault defences that may allow your case to be dismissed. This is why it is essential you hire a criminal attorney who has the experience in courts with defending assault charges.
What happens if you are convicted of an assault
Sentencing for various types of assault charges, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. Sentences can range from an absolute discharge to, in the case of an aggravated assault, a maximum of fourteen years in the penitentiary.
Potential assault defences:
- Factual innocence – someone who did not commit an assault may wish to testify and tell their side of the story. The Judge may then find them not guilty pursuant to a case called R. v. W(D) if their story is believed or if they are left in a state of reasonable doubt.
- Self-defence – an individual acting reasonably in self-defence may be found not guilty of assault.
- De minimus – in certain cases a minimal amount of contact may not make out the offence of assault.
What is an assault?
he Criminal Code charge of assault is a very broad one and can encompass criminal charges laid under a number of different circumstances. The simple definition of assault is when an individual applies force to another individual. A low-level assault, often referred to as assault simpliciter, may involve a very small amount of force applied against another individual. The degree of criminal culpability increases based on the type of force and injury caused, whether any form of weapon was used, and whether the assault was sexual in nature.
Assault simpliciter is defined in s. 265(1) of the Criminal Code of Canada as follows: A person commits assault when, (a) without the consent of another person, he applies force to that person, directly or indirectly.
The offence of assault with a weapon and assault causing bodily harm, which add aggravating features to the definition of assault simpliciter, are defined in s. 267 of the Criminal Code of Canada as follows: Every one who, in committing an assault, (a) carries, uses, or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant.
The offence of aggravated assault, the most serious form of non-sexual assault, is defined in s. 268 (1) of the Criminal Code of Canada as follows: Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
What is a domestic assault?
A domestic assault is not an actual criminal offence but rather a means of classifying an assault allegation within the confines of a domestic relationship (marriage, common-law, romantic relationship, etc.). Courts and prosecutors generally view assault in a domestic context as being aggravating. In some Toronto courthouses, domestic assaults (as well as other criminal charges in a domestic context) are prosecuted by a special team of Crown Attorneys.
I was charged with a minor assault, can I get a peace bond?
In certain cases assault charges will be withdrawn if an accused person enters into a common law or s. 810 peace bond. Only the Crown Attorney can consent to such a resolution before a trial.
My bail conditions do not allow me to have contact with the complainant, can this be changed?
This is a common bail condition. In certain cases the Crown Attorney will agree to vary the bail to allow for contact however this is more of the exception than the rule.
I called the police and caused assault charges to be laid against my spouse/friend, can I withdraw the charges?
Only the Crown Attorney has the authority to withdraw charges before a trial. In certain cases a lawyer may be able to convince a Crown Attorney to resolve a matter in such a fashion.
How much does it cost to hire Adam Goodman?
In most cases, a retainer (usually between $2000-4000) is required to begin working on your matter. Depending on the circumstance, Adam may consider working on a contingency or partial contingency basis. Adam’s law practice offers payment plans and also accepts various forms of payment including debit and credit cards.
What should you do next?
Remember it costs you nothing to pick up the phone to find out your rights. Contact one of Adam Goodman’s Toronto offices today for a free assessment of your assault case and let him help lessen your stress and worries about your legal matter(s).