Toronto Assault Lawyer

Defending Assault Charges in Toronto

Robb MacDonald has defended numerous assault cases across the Greater Toronto Area, both straightforward and complex. Assault allegations come in many forms, including simple assault, assault with a weapon, assault causing bodily harm, and aggravated assault. Related charges such as domestic assault and sexual assault carry their own distinct procedures and consequences. Whatever the nature of the allegation, an early and thorough defence is essential.

Robb has won many assault trials outright. In numerous other cases he has negotiated with the Crown to have charges withdrawn or stayed before trial. The right approach depends on the facts, the strength of the Crown's evidence, and what outcome best protects your future.

What the Crown Must Prove

To secure a conviction for assault, the Crown Prosecutor must establish each of the following beyond a reasonable doubt:

• That the accused applied force, directly or indirectly, to the complainant.
• That the accused intended to apply that force.
• That the complainant did not consent to the application of force.

If the court is not satisfied of every one of these elements beyond a reasonable doubt, the accused must be found not guilty. Importantly, the definition of assault in the Criminal Code of Canada extends beyond physical contact. It also captures attempts to apply force and threats of force, whether by act or gesture, where the complainant reasonably believes the accused has the present ability to carry out the threat.

Building a Strong Defence

Every assault case turns on its own facts. A complete defence often depends on issues such as self-defence, defence of another person, consent, identity, and the credibility and reliability of the complainant and any witnesses. Robb examines police notes, video and surveillance footage, medical records, and witness statements to find the weaknesses in the prosecution's case.

It is critical to act quickly. Key witnesses, video evidence, and other helpful information may only be available for a short time after an arrest is made.

Robb also works to manage bail conditions and no-contact orders that can disrupt your home life and employment while the matter is before the courts. If you have been charged with assault, contact Robb for a free, confidential consultation. The sooner the defence begins, the more options remain available to you.