Under s. 265 of the Criminal Code a person commits assault when they apply force directly or indirectly to another person without their consent. This includes threatening, by act or gesture, to apply such force to another person. Assault, therefore, covers all acts where force is actually applied (such as a slap, punch or kick) to situations where force is threatened (such as raising a fist). Assault is a hybrid offence, meaning Crown counsel has the option of proceeding by indictment, where the maximum penalty is 5 years imprisonment or, Crown may proceed summarily, where the maximum penalty is two years jail, less a day. There are no mandatory minimum penalties for Assault. We’ve been defending assault charges for more than 25 years. We understand that the majority of people charged with assault had no plan to commit an offence. Rather, people charged with assault usually find themselves in situations that rapidly escalate into a physical altercation. Often, alcohol or other intoxicants are involved. Sometimes serious injury occurs, leading to charges of assault causing bodily harm or aggravated assault. If a weapon, or an object as a weapon, is involved, people can be charged with assault with a weapon.
The nature of when and how a complaint is made to police will determine how the investigation unfolds. In some cases, for example when concerned patrons in a nightclub or pub see a fight break out, police are called and will attend quickly and make an arrest. In other cases, police may not receive a complaint for several days or longer. When this happens, police will contact the suspect by telephone or by attending at their home or workplace. No matter when police deal with the suspect, they will want to hear the suspect’s side of the story. As experienced criminal defence lawyers, this is where we can help clients understand that the Charter of Rights and Freedoms guarantees that people under police investigation have the right to remain silent.
In situations where clients contact us after the alleged assault incident, but before they are arrested, we can be of significant assistance. We will make enquiries to determine who the lead investigator is; we will then contact this officer and discuss the investigation on our client’s behalf. Because of the laws concerning solicitor/client privilege, we can act as a “buffer” between police and our client. We will strive to persuade police to not recommend any charges or, where police do want to pursue charges, we will strive to get police to agree to not arrest our client. Rather, we will endeavor to arrange that our client can appear in court to have the arrest warrant “deemed executed,” without the need for our client to be taken into custody.