When it comes to defending your Toronto assault case, Kruse Law Firm has the criminal defence experience you need. They will work with you to develop a defence consistent with your recollection of the events. We believe that clients who maintain their innocence deserve the experience and passion we bring to the courtroom. We also bring the same expertise and determination to achieve the best possible outcome for our clients who want to resolve their cases. Our Toronto assault lawyers will provide you with your best defence. Kruse Law Firm lawyers are known for it.
Assault Charges in Toronto
The Criminal Code defines assault as using force against another person without their consent. Any charge of assault in Canada is a serious charge, and the Crown takes all assault charges very seriously. There are several different types of assault charges, each with a different set of possible penalties.
The Crown defines simple assault as the use of either direct or indirect force against another individual without their permission. With simple assault, there is no weapon involved and either minor or no injuries. If convicted, you could face up to five years in prison.
Assault With a Weapon
Assault with a weapon is any assault where a weapon is used during the course of the assault. The weapon may be used to threaten, or it might be used to hit or attempt to hit the victim. An assault with a weapon charge can be laid even if no injuries were caused. Upon conviction, the maximum sentence is ten years in jail.
Assault Causing Bodily Harm
The police will lay an assault causing bodily harm charge when the victim has sustained an injury. “Bodily harm” is defined under s.2 of the Criminal Code as "any hurt or injury to a person that interferes with their health or comfort of the person and that is more than merely transient or trifling in nature." To qualify as bodily harm in Canada, the bar is set fairly low. For example, a minor black eye or bruising on someone’s body would qualify as bodily harm. The maximum sentence for assault causing bodily harm in Canada is ten years in jail.
Aggravated assault charges will be laid by the police if the complainant is maimed, disfigured, seriously wounded, or if their life was endangered. There will be significant sentencing consequences if a person is convicted of aggravated assault of up to 14 years in jail.
The Crown will charge a person with sexual assault if there is a use of force or a threat of force that leads to a non-consensual sexual act. Sentences for sexual assault can go as high as ten years in jail if the victim is an adult and 14 years if the victim is a child.
Aggravated Sexual Assault
A charge of aggravated sexual assault will be filed if the complainant is maimed, wounded, disfigured, or their life is endangered while being forced into non-consensual sex. Upon conviction, a person is facing very harsh consequences of up to life in prison.
Assault on a Peace Officer
Three actions will result in a charge of assault on a peace officer. The sentence for any of these charges will range from a conditional discharge, suspended sentence, fine, or up to a maximum of ten years in prison. The three actions are:
- Intentional use of force against a peace officer;
- Assault on a peace officer while resisting an arrest; or
- Assault on a peace officer while they are conducting a legal process.
Toronto Assault Lawyers
If you find yourself facing assault charges, you need one of our top Toronto assault lawyers to defend your case. The criminal lawyers at Kruse Law Firm have the experience, knowledge, and passionate commitment to helping you prepare your best defence. They will work tirelessly to ensure that your defence aligns with how you recollect the events surrounding the incident.
Michael Kruse, our founding partner, has over 30 years of winning criminal trial experience. He has dedicated his career to the impassioned defence of his clients. He is the lawyer you want on your side when you face any type of criminal charge.
Book Your Free Consultation
Kruse Law Firm offers a free consultation with a Toronto assault lawyer so that they can answer all of your questions. They will effectively guide you and provide you with the immediate legal advice you need and successfully defend you in court. Call us today or fill out the online form to get started.
Kruse Law Firm operates out of our offices in Toronto, Kitchener, London, and Windsor to assist clients throughout Ontario.