Jul 05
Lockyer Zaduk Zeeh are experienced Cobourg assault lawyers. We have a successful track record representing clients charged with assault, domestic assault, and all other forms of assault. If you or someone you know has been charged with assault, you should contact us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation with one of our Cobourg assault lawyers.
What is assault?
A person commits assault when he or she, directly or indirectly, applies force to a person, or threatens to apply force to a person without that person’s consent. An assault can occur in many forms. A punch, kick, push, or even a threat to assault someone can constitute an assault.
Are there different levels of assault?
The Criminal Code delineates different forms of assault, such as assault with a weapon, assault causing bodily harm, and aggravated assault. You may be charged with different forms of assault if the complainant suffered an injury from the assault or if a weapon was used in the assault. A weapon can range from something as mundane as a pillow or a shoe, or a knife.
How do I get my assault charge dropped?
Many individuals that are charged with assault are eligible for a diversion program. This could be through a formal diversion program such as Elizabeth Fry, or through individual upfront work. Completing such work could lead to the withdrawal of your assault charges or a withdrawal after you enter into a peace bond agreement. These options will typically be offered when you have no criminal history (or a limited history), facts with low level of violence and no injuries, or a complainant that does not want to proceed with charges.
If the Crown is unwilling to offer you diversion, you can schedule a trial. There are many potential defences to an assault charge, which include the following: identity; a consensual fight; self defence of yourself, others, or property; or the use of the Charter (such as a section 11(b) application). A successful defence can lead to your acquittal, and you maintaining no criminal record.
What should I do if I am charged with assault?
If you are facing an assault charge, you should contact a criminal defence lawyer. They will explain the court process to you, discuss possible defences available to you, and build your defence. An experienced assault lawyer could be the difference between a criminal record and an acquittal.
