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 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 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 forms of aggravated assault are more serious than assault simpliciter (i.e., a simple assault such as a push, slap, or punch that 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 five years in the penitentiary. For more severe assaults such as assault causing bodily harm or aggravated assault, the maximum jail terms range from ten to 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 believed on reasonable grounds that you were being assaulted and used reasonable force to defend or protect yourself.
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. Founding lawyer Michael 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. Michael Kruse believes that the best defence is one that aligns with your recollection of the events.
Schedule a Free Consultation
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.
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.