Have you been arrested for assault in the Waterloo area? If so, it’s important to acknowledge that the charges against you are serious and that you need an experienced legal team on your side. The Kruse Law Firm will represent you and offer the best possible legal advice on how your case should be handled. You can feel more at ease in knowing that you are being represented by a team of lawyers who have full knowledge of the law and who are dedicated to protecting your rights.
Waterloo Assault Lawyer
If you have been charged with assault, it’s important to understand what this entails and what you can expect in your case. Assault is a serious offence that involves applying direct or indirect force to another person without their consent. It is a criminal offence that can result in a person being charged even if they only make a threat of assault. A victim also does not have to suffer an actual injury in order for the offence to be considered assault.
There are different types and levels of assault, including the following:
- Aggravated assault is a more serious offence that results in serious, disfiguring, or life-threatening injuries;
- Sexual assault is a non-consensual act of violence;
- Aggravated sexual assault is more a serious type of sexual assault due to the victim being wounded, maimed, disfigured, or receiving life-threatening injuries;
- Assault causing bodily harm or assault with a weapon is a serious assault where minor to serious bodily harm is caused or a weapon is carried or used during the assault;
- Assaulting a peace officer involves violence against a peace officer, such as a police officer, or a public officer, such as a customs officer, and is viewed as especially serious.
Consequences for Different Types of Assault
- A conviction for aggravated assault carries a maximum prison sentence of 14 years.
- Sexual assault carries summary conviction and indictable offence variations with a maximum of 18-month and ten-year jail terms;
- If someone is convicted of aggravated sexual assault, they can face up to imprisonment for life and lengthy mandatory minimum jail terms if a firearm is used during the commission of the offence or if the victim is under 18 years old;
- Assault causing bodily harm or assault with a weapon can be prosecuted as a summary conviction or indictable offence with a maximum jail term of ten years if the Crown proceeds by indictment;
- Assaulting a peace officer can be charged as a summary conviction or indictable offence depending on the factors of the case. A conviction can result in up to two years in jail and a maximum fine of $5,000 for the former or up to five years imprisonment for the latter.
Alternatives to Prison
For certain types of assault charges and subsequent convictions, the court may agree to simply have the individual pay a fine or give them a suspended sentence.
In some cases, there may even be a diversion or a discharge available depending on the factors involved. For example, if the case involves a simple assault with no injuries and the defendant has no prior convictions, such alternatives may be possible.
Defences for Assault Charges
Kruse Law Firm can build a strong defence in your favour for your assault case. Common types of defences include:
- Reflex action, which means the defendant simply reacted instinctively, but did not mean to commit assault;
- Consent means the other person consented to the force, such as in the case of a mutual fight where no bodily harm was caused or for contact sports such as hockey;
- Defence of person means the defendant was defending themselves or another person who was in danger;
- Defence of property means the defendant was defending their property from being taken, stolen or damaged by another;
- Corrective force involves force against a child who is in one’s care such as a parent and the child was misbehaving. It only involves light touching such as a minor tap on the hand, wrist, or clothed buttocks at the most, but does not apply when corporal punishment leaves a child injured or if pain is involved. The force must not exceed what is reasonable under the circumstances.
Why You Should Retain Us
When you are facing any type of assault charge, you need the best criminal defence lawyer in Waterloo. The Kruse Law Firm leads in the industry and Michael Kruse has a rich background in criminal law that spans over 30 years. His trial experience and record are unmatched and his team is dedicated to providing you with the best defence possible in your case.
If you need legal advice, we can provide it to you. You are under no obligation, but you can contact Kruse Law Firm for a free initial consultation by phone or online as soon as possible. We will listen to you and advise you regarding your options. You have everything to gain and nothing to lose by contacting us.
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.