Assault Lawyers Toronto

The definition of assault is found in the Criminal Code at section 265. Generally, an assault occurs when a person intentionally applies direct or indirect force to another person without the other person's consent. An assault can also occur where a person attempts or threatens to intentionally apply direct or indirect force to another. A person can also be convicted of assault if they accost or impede another person or beg while openly wearing or carrying a real or imitation weapon.

No — harm is not required. A person can commit an assault even if they exert no significant degree of strength or power when touching the other person. The force must be offensive or an affront to an individual's dignity. A push or pinch can, in some circumstances, be enough to ground a criminal assault charge.

Any amount of intentional touching may constitute an intentional application of "force." Violent or forceful contact is not required. Some assault charges are dismissed because the amount of force used was minimal. Courts have thrown out charges where the accused pushed the complainant to exit an office, where there was minor contact in the course of a heated domestic squabble, and where there was incidental physical contact during a dispute with a parking control officer.

The application of force must be intentional. Accidentally hitting someone during an epileptic seizure would not constitute an assault. Similarly, the jostling that occurs on a crowded bus — unintentional, incidental contact — will not lead to an assault conviction. A reflex action is not an assault either.

There is one important exception. Accidentally hitting the wrong person — meaning you intended to hit someone else — is not a defence. As long as you intended to apply force to any individual, the offence is made out regardless of who actually gets hit.

The distinctions come down to how the force was applied and how much harm resulted.

Simple assault (s. 266) needs no injury and carries up to 5 years. Assault with a weapon, causing bodily harm or choking (s. 267) carries up to 10 years, and aggravated assault (s. 268), which wounds, maims, disfigures or endangers life, carries up to 14 years. The more serious categories of assault are defined by the harm caused:

These are the cases where significant jail time is on the table.

The most common defences are consent, honest but mistaken belief in consent, self-defence, defence of property, accident, and identity. Each is explained in the defences section above.

Only up to a point. Consent can be a defence to minor contact, but the Supreme Court of Canada held in R v Jobidon that adults cannot consent to force intentionally applied to cause serious hurt or non-trivial bodily harm in a fist fight or brawl. Agreeing to a fight does not mean you consented to significant bodily harm.

Yes. Section 34 of the Criminal Code covers force used to defend or protect yourself or another person, if you believed on reasonable grounds that force or a threat of force was being used against them and what you did was reasonable in the circumstances.

A conviction for assault carries real consequences. You can receive a criminal record and be sentenced to jail.

The maximum sentence for simple assault is two years less one day (summary conviction) or five years (indictment). For assault causing bodily harm, the maximum is 10 years — the same as for assault with a weapon, and for assault by choking, suffocating or strangling. For aggravated assault, it is 14 years. The greater the harm, the harsher the sentence — that is the general rule.

Less serious allegations may result in probation with counselling, a fine, or a conditional discharge, which avoids a conviction. The range is wide. Where a case falls within it depends heavily on the specific facts and on how it is defended. A discharge is not available for aggravated assault, because it carries a 14-year maximum.

Beyond the courtroom, a conviction for assault, assault causing bodily harm or aggravated assault can affect your ability to find work, travel outside Canada, or obtain citizenship. For non-citizens, serious assault convictions can trigger deportation proceedings. Read about the immigration consequences.