When you hire a lawyer from the Kruse Law Firm, you can rest assured that they have significant experience defending assault cases. No matter what type of assault case it is, your Kitchener Assault Lawyer will develop your defence in a manner that is consistent with your description of the events leading to the charges. We believe that those who maintain their innocence deserve to be vigorously defended with the unwavering passion our lawyers are known for. Also, any accused who wishes to resolve their assault charge by pleading guilty needs to find a good criminal lawyer capable of negotiating the lightest possible sentence.
DEFINITION OF ASSAULT
The Criminal Code of Canada gives assault a broad definition of assault that encompasses a variety of different actions. One form of assault occurs where a person intentionally applies force to another person without their consent. An assault also occurs when a person attempts or threatens, by an act or gesture, to apply force to another person. A component of this second type of assault is that the accused seems capable of assaulting another person. You do not have to attempt to injure another person to commit an assault and even a minor push can result in a criminal charge.
If a weapon is used or implied to force another person to do something, that is also considered to be an assault. The applied force does not even need to lead to physical harm for a person to be accused of assault.
PROVISIONS OF ASSAULT
Several aggravated forms of assault are more serious than assault simpliciter (i.e., a simple assault such as a push, slap, or punch which does not cause bodily harm). These include:
- Assault with a weapon
- Assault causing bodily harm
- Aggravated Assault
- Sexual Assault
- Sexual Assault with a weapon
- Aggravated Sexual Assault
- Assault of a Peace Officer
CONSEQUENCES OF AN ASSAULT CHARGE
The consequences of a simple assault charge can affect your family, compromise your ability to work, and include time served in a detention facility ranging from a shorter jail term to a lengthy period of incarceration in a penitentiary. The maximum term for an assault charge is 5 years in the penitentiary. For more severe assaults such as assault causing bodily harm or aggravated assault, the maximum jail terms range from 10-14 years in jail.
Simple assault is a dual procedure offence, which means the crown may elect summarily (i.e. for less serious assault charges) or by indictment for more serious charges.
COMMON DEFENCES FOR AN ASSAULT CHARGE
Simple assault cases are always dealt with in the Ontario Court of Justice. For more serious forms of assault such as sexual assault, if the crown elects by indictment, the accused has the right to elect to be tried in the Ontario Court of Justice or the Ontario Superior Court of Justice. There are several different possible defences that can be used. In order to be convicted, the Crown will need to prove that the defence does not apply to the case beyond a reasonable doubt.
The most common defence against an assault charge is self defence. This is appropriate if you need to use reasonable force in the circumstances to stop force from being used on you.
A person is not guilty of an assault if they believe on reasonable grounds that they are being assaulted and they use reasonable force to defend or protect themselves.
If a person believes on reasonable grounds that force is being used on another person, they can use reasonable force to defend or protect the other person.
Your assault lawyer in Kitchener will be able to guide you as to which defence best fits your case.
WHY KRUSE LAW FIRM?
Kruse Law Firm will provide you with a Kitchener Assault Lawyer who has proven experience defending assault charges at trial. Our experience gives you the best chance due to our skill, knowledge, and experience.
Founding lawyer Mike Kruse has more than 30 years of experience successfully defending all types of criminal charges. His passion for defending his clients is only surpassed by the extensive knowledge that he has gained in doing so. Mike Kruse believes that the best defence is one that aligns with your recollection of the events.
Kruse Law Firm offers a free online consultation with an assault lawyer in Kitchener. By taking advantage of this service, you can have your questions answered and receive timely legal advice. Before you take another step, let Kruse Law Firm provide you with an assault lawyer who has your best interests at heart.
Call us toll-free from anywhere in Ontario at ++1-800-699-0806.
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.