Did you know an assault charge could potentially wreak havoc on your life, even if you’ve been acquitted? If you’ve been charged with an assault, knowing your rights is critical.
In this blog post, we discuss key insights into assault charges in Toronto and practical advice on how to approach this complex situation with the guidance of a Toronto assault lawyer.
What Amounts to Assault in Toronto?
Under Section 265 of the Canadian Criminal Code, assault is any action that involves an individual intentionally applying force to another without their consent.
Assault charges range from minor physical altercations to severe offences involving weapons or bodily harm. Common types of assault include the following:
- Simple Assault: This is the most basic type of assault. It often involves minimal physical contact.
- Assault With a Weapon: Involves using a weapon during the assault.
- Aggravated Assault: Occurs as a result of inflicting serious harm to the victim.
- Domestic Assault: Assaults involving intimate partners or family members.
- Sexual Assault: Involves unwanted sexual contact.
Consequences of Assault Charges
Each type of assault carries different penalties and legal implications. These implications can have immediate and long-term consequences.
In Toronto, penalties for assault vary based on several factors, such as the severity of the incident and prior criminal history. The consequences of assault charges include:
- Criminal Record: A conviction can result in a permanent criminal record, impacting your employment prospects and ability to travel internationally.
- Fines: In some cases, financial penalties are part of your sentence.
- Probation: Depending on the nature of your case, the court may order probation with specific conditions to follow.
- Imprisonment: Severe cases of assault can result in jail time, ranging from a few months to several years.
Common Defense Strategies
A successful defence requires a tailored approach based on the circumstances of your situation. A skilled Toronto assault lawyer will evaluate your case and select the best strategy to give you the best chance of success. Some defence strategies commonly used include:
- Challenging Evidence and Admissibility: This strategy seeks to challenge the credibility and accuracy of the prosecution’s evidence. It also questions whether the evidence should be admitted in the court hearing, for instance, in cases where police officers obtained it illegally or by violating your rights.
- Self-defence: This defence strategy argues that the assault was out of necessity to protect yourself or others against imminent harm or threat of harm.
- Reasonable Doubt: The prosecution must provide evidence and arguments to prove that you committed the crime beyond a reasonable doubt. An experienced assault lawyer can raise reasonable doubt, forcing the prosecution to meet a higher burden of proof.
- Lack of Intent: Involves proving that your actions were accidental and not intended to cause harm.
Finding the Right Legal Support
Dealing with assault charges can be daunting, but with proper support, you can navigate the legal system with ease. If you, or someone you know, is facing assault charges in Toronto, contact Robb MacDonald. With a proven record of success and a wealth of experience defending clients facing a wide range of criminal charges, he can help you mount a strong defence. Don’t leave your future to chance. Complete the online contact form or call (416) 315-1505 to schedule a consultation today.
(416) 315-1505