Our Windsor Assault Lawyers Fight for the Accused

Windsor Assault Lawyer

Crimes of assault, as defined under Section 265 of the Criminal Code of Canada, involve the threat of force or the actual use of force against someone without that person’s consent.

Criminal assault offences in Windsor vary in their severity. For example, aggravated assault involves very serious or life-endangering injuries, whereas assault causing bodily harm includes minor to fairly serious injuries. Penalties worsen when people inflict physical injuries, use weapons, or force contact of a sexual nature.

Maximum penalties when charges are treated as indictable offences are as follows:

• Simple assault – up to five years in prison
• Assault causing bodily harm – up to ten years in prison
• Assault with a weapon – up to ten years in prison
• Aggravated assault – up to 14 years in prison
• Sexual assault – up to ten years in prison or up to 14 years in prison when a victim is under 16
• Aggravated sexual assault – up to life in prison
• Assaulting a police officer with a weapon or causing bodily harm – up to ten years in prison

The Crown usually has the option to elect to proceed summarily or by indictment. A summary conviction assault opens the door to more lenient sentencing penalties. Discharges, fines, or suspended sentences become much more likely than imprisonment for summary conviction assaults. A knowledgeable criminal defence lawyer may intervene on your behalf and urge the Crown to take a more lenient sentencing approach. Either way, a good defence strategy could produce a positive resolution.

Kruse Law will develop a viable defence strategy based on the circumstances that led to your arrest. When the police arrived at the scene of your altercation in Windsor, they were not interested in clearing anyone’s name, but we are. When we represent you before the Crown and the Court, we will highlight and implement viable defences and/or sentencing strategies, such as:

• Consent. Both parties entered the fight willingly and there was no bodily harm.
• No injuries occurred. Your charge is too harsh for what happened and should be withdrawn outright or result in a mere peace bond coupled with a withdrawal.
• Remorse. You are sorry for your conduct and were abnormally provoked by an emotional misunderstanding and are a person of prior good character.
• Self-defence or defence of a third person. You or another person were in danger and you had to protect yourself or that person.
• Violation of the Charter of Rights and Freedoms. Law enforcement acted unlawfully.

Why You Should Retain Us

The intervention of a skilled criminal defence lawyer can spare you from harsh penalties, potentially shield you from a criminal record or result in a dismissal of your criminal charges. Michael Kruse founded Kruse Law so that people in Windsor could be protected from aggressive prosecution. For over 30 years, we have vigorously insisted upon fair treatment for all of our clients in criminal courts throughout Ontario.

Free Consultation

We urge you to talk to us after an arrest for assault in Windsor. You will pay nothing to hear about your best options for an effective defence. Contact Kruse Law Firm today to make an appointment for a free, no-obligation consultation.