Adam Goodman - Toronto Assault Lawyer - Assault Charges - Domestic Assault Charges
This article discusses assault charges of a non-sexual nature including assault simpliciter, assault with a weapon, assault causing bodily harm, and aggravated assault.
The 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.
Often courts will talk about the concept of domestic assault charges. This involves an allegation of an assault committed by one individual against the other party in a domestic relationship (marriage, common-law, romantic relationship, etc.). The term domestic assault is not defined in the criminal code itself; however courts often view such assaults 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. Please see my FAQ on domestic charges.
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.
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.
Like any case, the Crown must prove, beyond a reasonable doubt, all of the essential elements of the offence. This includes an element of intent which means the person who is accused of committing the offence must be found to have intended to apply force, either directly or indirectly.
Having an experienced criminal lawyer on your side who understands what the Crown must prove as well as any potential defences to the Criminal Code charge of assault will help protect your rights in court. Adam Goodman has experience defending assault charges in Toronto, York Region (Newmarket courthouse), and Peel Region (Brampton courthouse), and elsewhere in the Province of Ontario. Contact Toronto Criminal Lawyer Adam Goodman today at 416-477-6793.
