May 29

What are Common Defences to an Assault Charge?

There are several defences that can be used in assault cases, but it is important to note that the availability and effectiveness of these defenses can vary depending on the specific circumstances. Here are some common defences that may be used:

  1. Self-defence: If you reasonably believed that you were in imminent danger of harm or that force was necessary to protect yourself or others from harm, you may be able to assert self-defense. The force used must be proportional to the threat faced.
  2. Lack of intent: If you can demonstrate that the act was accidental, unintentional, or that you lacked the necessary intent, it may serve as a defense.
  3. Consent: In certain cases, consent to engage in physical contact or certain activities can be a defense. However, consent must be freely given and obtained without coercion, fraud, or incapacity.
  4. Mistaken identity: If you can present evidence or raise reasonable doubt that you were not the person involved in the alleged assault, you can argue mistaken identity as a defense.
  5. Alibi: If you can provide evidence or witnesses to establish that you were elsewhere at the time the assault allegedly occurred, it can serve as an alibi defense.
  6. Lack of evidence: The Crown has the burden of proving the charges against you beyond a reasonable doubt. If there is insufficient evidence to support the allegations, it may be possible to argue that the prosecution has not met its burden.

Toronto Assault Lawyers

The lawyers of Lockyer Zaduk Zeeh are experienced in defending people facing assault allegations. Lockyer Zaduk Zeeh defends assault allegations across the Toronto which includes Rexdale, Etobicoke, Mimico, New Toronto, downtown, North York, East York, and Scarborough. If you or someone you know is charged with assault, please contact us at 416-613-0416.