Can Assault Charges Be Dropped in Ontario

Can Assault Charges Be Dropped in Ontario?

One of the most common questions following an assault charge is whether the complainant can simply “drop the charges.”

In Ontario, the answer is more complicated.

Once criminal charges are before the court, the complainant generally does not personally control whether the prosecution continues.

Who Decides Whether Assault Charges Continue?

The Crown prosecutor is responsible for prosecuting criminal charges.

This means that even if the complainant no longer wants the case to continue, that does not necessarily end the prosecution.

The Crown assesses the evidence and determines whether the prosecution should continue in accordance with its legal and policy obligations.

What If the Complainant Changes Their Mind?

A complainant may tell police or the Crown that they no longer wish to participate.

However, that request does not automatically result in the charge being withdrawn.

The Crown may consider other available evidence.

That evidence could potentially include:

• 911 recordings
• Witness statements
• Police observations
• Photographs
• Medical records
• Surveillance video
• Text messages
• Recorded statements
• Body-worn camera footage

The prosecution may therefore have evidence beyond the complainant’s testimony.

When Can the Crown Withdraw a Charge?

The Crown’s charge-screening assessment is important.

If there is no reasonable prospect of conviction or proceeding is not in the public interest, Crown policy directs that a prosecutor discontinue the prosecution.

The application of that standard depends on the individual case.

Can My Lawyer Ask for the Charge to Be Withdrawn?

A defence lawyer can review the Crown’s case and identify weaknesses, inconsistencies or legal issues that may affect the prosecution.

Defence counsel can then communicate with the Crown regarding the case and potential resolution.

Whether the Crown agrees to withdraw a charge depends on the circumstances.

Should I Contact the Complainant?

Do not contact the complainant if your release conditions prohibit communication.

Attempting direct or indirect contact contrary to a release order could expose you to further legal problems.

Always understand your conditions before communicating with anyone connected to the allegation.

Speak With an Assault Defence Lawyer

If you want to know whether an assault charge could be withdrawn, the answer depends on much more than whether the complainant wants to proceed.

A criminal defence lawyer can review the disclosure, assess the evidence and communicate with the Crown on your behalf.

Contact Lockyer Zaduk Zeeh to discuss your assault charge and available defence options