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Assault Charge

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There are a number of serious assault charges that one can be charged with.  These assault cases vary in complexity.

The most common charge and least serious is the charge of simple or common assault. An assault is nothing more than a non-consensual touching. It can be as simple as a tap on the body of the ”complainant”. A push, a slap, a punch (that does not cause bodily harm) are factual examples of facts that support the charge of common assault. This charge is often laid in the context of a domestic assault situation. (click here for more information regarding Domestic assault charges.)

Some of the more serious charges are detailed below. It is critical to understand that all of these matters are very serious and only specialized lawyers knowledgeable in this area of the law have the experience to provide the guidance and courtroom expertise necessary to optimize your defense.

Sexual Assault and Domestic Assault cases can often be very sensitive and replete with various legal issues. From both trial and sentencing perspectives, defense counsel must be extremely careful and diligent.

Aggravated assault is a charge that carries with it extreme penalties. In these cases the injuries are significant and the allegations are serious.

By the very nature, Assault Police charges are very serious and often carry a jail sentence if convicted. Police often lay this charge to “explain” unacceptable aggressive conduct on their part. It is extremely important that you have a legal team to assist you when these matters are before the courts. At Daley, Byers we have the expertise to ensure your rights are not compromised, that all legal means are utilized to assist in your defence, and you are not alone in fighting this charge. We have on many occasions successfully negotiated a complete withdrawal of this charge.

“Self-defence” is always a defence to the charge of assault. Self-defence involves use of reasonable force in the particular factual circumstances. Excessive force is not acceptable.

“Provocation” is not a defence to the charge of assault. Provocation can be a mitigating factor on sentence but not justification for an assault.

Assault cases in general are very serious. They are by their very nature an aggressive violation of the rights of another individual which can often cause serious emotional and/or physical harm. Careful and diligent preparation coupled with hard-hitting cross-examination is key to a successful result in these cases.

Note: A record for an assault related charge may cause immigration problems with the United States of America. You may be refused entry.

Daley, Byers will make a difference by providing expertise, guidance, and will ensure that all your rights are upheld as your case navigates the court process. We are experienced and well respected criminal lawyers with decades of experience in the Ontario Courts fighting to preserve and enforce the rights of their clients.

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