When protecting yourself from harm, you may face unexpected legal consequences. Assault charges – whether causing physical harm or threatening it – carry serious penalties, including substantial fines and up to 14 years imprisonment.
While claiming self-defence acknowledges the use of force, it argues your actions were necessary and justified in response to an attack or imminent threat. This defence strategy requires proving the force used was reasonable given the circumstances.
The Canadian Criminal Code, Section 34 grants individuals the right to defend themselves, others and their property with force. However, proving self-defence can be difficult.
You must show that your actions were justified during the attack or threat and that you used appropriate force. Any indication that the attack’s intent was retaliatory rather than defensive could undermine your self-defence claim.
If you’ve been charged with assault for acting in self-defence, here’s how an experienced Toronto assault lawyer can help you.
Navigating Assault Charges
Assault cases are often complex, requiring legal counsel with deep knowledge of the charges, processes and relevant laws. Toronto assault lawyers have experience that equips them to navigate these complexities, factoring in the nuances that typify assault cases.
They analyze the case details, including the allegations and the available facts, interpret applicable laws and apply them to your defence. They strategically manage the legal process and work toward securing a reduction or dismissal of the charges.
Avoiding Self-Incrimination
Experiencing an arrest and being charged with a crime can be traumatic. During this process, law enforcement will investigate and question you about the case. Without legal counsel, you risk unintentionally confessing, self-incriminating or giving information that could harm your defence.
An experienced Toronto assault lawyer can guide you through the process, helping you to remain composed and advising you on how to respond in a way that protects your rights and strengthens your defence.
Engaging legal counsel early is necessary, as it helps identify and resolve legal issues before they worsen. It also provides a more informed approach to handling future actions, safeguarding your rights and interests throughout the process.
Building and Executing Your Defence Strategy
A case’s outcome heavily relies on the defence strategy. A skilled Toronto assault lawyer creates and executes a comprehensive defence strategy tailored to your specific situation. That can include ruling out any provocation, securing witnesses and taking statements that will solidify your case.
Representing You in Court
If you cannot resolve your case with the prosecution following your arrest, you may be required to proceed to trial. While self-representation is allowed in court, this is risky. Trials involve complex legal procedures and can be unpredictable.
A skilled lawyer assesses your case, manoeuvres the legal system and builds a solid defence. They guide you through the trial’s various stages, upholding your rights and providing professional representation throughout the proceedings.
Safeguarding Your Rights
Canadians have fundamental rights, including the right to remain silent, the right to legal representation and the right to a fair trial. Failure to invoke and assert these rights can be detrimental to your case.
An assault lawyer asserts and protects your rights at every stage, ensuring you’re treated fairly during the investigation, charges and trial. From the moment charges are filed to potential court appearances, your lawyer plays a crucial role in defending your case and preserving your legal rights.
Get Legal Representation from a Premier Criminal Defence Lawyer
Protect your rights and build a strong self-defence case with legal guidance from skilled criminal lawyer Robb MacDonald. He has extensive experience in assault cases and provides knowledgeable and reliable representation.
Call (416) 315-1505 or complete our contact form for a free consultation.
(416) 315-1505