The charge of assault essentially means the application of force (or present threat thereof) to another person without their consent.
The Criminal Code defines assault as follows:
Assault
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
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In certain cases, consent to an assault is a potential defence. However, outside of particular sporting events such as boxing, mixed martial arts etc. it is generally not a valid defence to argue that the complainant consented to bodily harm. Even fighting in popular sports such as hockey has permissible limits as seen by recent prosecutions of players such as Marty McSorley and Todd Bertuzzi for engaging in excessive uses of force.
The most frequently prosecuted form of assault is domestic assault. In this context, one individual is charged with assaulting a family member or someone they are involved (or were previously involved) in a romantic relationship with.
One of the difficult aspects of being charged with domestic assault is that the accused is typically placed by the Court on strict bail conditions not to have any contact with the complainant irrespective if the complainant is their spouse who they normally reside with and share children. This can cause significant stress on an accused person and induce him or her to plead guilty so that they can resume contact with the complainant. However, a conviction (or conditional discharge) for assault can have significant adverse long term consequences. It is important to understand your options fully before making such an important choice as to whether to fight the case or resolve it by way of a guilty plea. In some cases, better results can be negotiated for the client.
Our Criminal Defence Lawyers have successfully defended individuals charged with all types of assault including domestic assault.
Contact us for a consultation.