Assault & Threats Lawyer Toronto
Assault and threat offences are among the most serious charges that one can face in Canada. If convicted, these charges have significant consequences on the rest of your life, including your freedom and future employability.
Zamani Law defends persons facing all types of assault charges and strives to get the charges withdrawn or significantly reduced. Contact us for a free consultation.
Here’s more information about different types of assault and how our lawyers can help you.
Defending Assault Charges
No matter how minor your Assault charge seems, do not deem it unnecessary to have expert legal representation. This is because assault offences have the potential to ruin the rest of your life.
As experienced criminal defence lawyers, we provide outstanding defence services to protect your rights and freedoms and help avoid damaging outcomes. Our proven track record of delivering the best possible results in every case has gained us an Ontario-wide reputation as specialists in assault charges.
Some of the defences that we utilize include, but are not limited to:
- Consent, e.g., consensual fighting
- Defence of property
- Defence of someone else
- Corrective force
If you are facing assault charges, and you believe that you have a possible defence, or you don’t know if you have a viable one, get in touch with Zamani Law assault lawyer in Toronto. We’ll help you develop a customized defence strategy to navigate the intricate and perplexing justice system.
Definition of Assault
According to section 256(1) of the Criminal Code of Canada, a person commits an assault when,
- Without the consent of another person, he/she intentionally applies force to that person, directly or indirectly;
- threatens to apply force by acts, words, or gestures;
- causes another person to believe on reasonable grounds that he has the ability to effect his purpose;
- impedes another person or “begs” while openly carrying or wearing a weapon or an imitation of one.
Note that assault requires an absence of consent. However, a person cannot consent where the assailant has authority over them, uses force, threatens to use force, or uses fraud.
The above definition by the Criminal Code of Canada applies to all types of assaults discussed below. Although the assaults differ from each other, the definition forms the basic foundation for the charges.
This is the lowest form of assault, and it occurs when a person applies force on another person without their consent, causing minimal (scrape or small bruise) to no injury. As a minor assault, the penalties are lower than in other forms of assault cases. A criminal defence lawyer can help you avoid a criminal record by getting the charges withdrawn in favour of diversion programs, conditional discharge, fine, or community service.
Domestic assault is any form of violence between two or more people in a domestic relationship, for example, a couple, common-law partners, or family members. This form of assault is taken seriously by the Crown, police, and courts. When arrested for domestic assault, the prosecution fights to have you remain in custody or be released under strict bail conditions. A conviction for domestic assault may cost you your family and freedom.
This is an assault or act of a sexual nature that violates the sexual integrity of the victim, and that is committed without consent. A conviction for a sexual assault charge results in devastating consequences, including jail sentences, addition to the sexual offender registry, stigmatization, and more. If you are charged with sexual assault, you should retain an experienced criminal defence lawyer no matter how minor the incident.
Assault Causing Bodily Harm
This is an assault that causes a significant bodily injury, interfering with the victim’s comfort or health. It is a serious category of assault crimes that carry up to 10 years in prison for indictable offences and 18 months for summary conviction offences. To be convicted with assault causing bodily harm, the Crown must prove that the accused foresaw the bodily harm or other outcomes of the assault.
Assaulting a Police Officer
Intentionally assaulting a peace officer or public officer engaged in the execution of his/her duty or someone helping such as an officer is a serious offence with severe penalties, including incarceration. Depending on the case facts, one may face up to 5-years imprisonment for an indictable offence and 2 years for a summary offence.
This is the most serious category of all assault charges. According to the Criminal Code of Canada, one commits aggravated assault if they maim, disfigure, wound, or endanger another person’s life. This is an indictable offence carrying a sentence of up to 14 years in prison. If you’re facing aggravated assault, contact Zamani for expert legal representation.
Section 264.1(1) of the Criminal Code of Canada states that anyone commits a crime when they intentionally utter, convey or cause anyone to receive threats. This offence carries severe repercussions, especially for individuals with a criminal past, including fines, probation, possible incarceration, job loss, and more. If you’re charged with uttering threats, consult an experienced criminal defence lawyer for expert legal advice.
Utter Threats to Cause Death
Uttering threats to cause death is a serious criminal offence in Canada and can lead to unexpected drastic consequences. If you threaten to cause death, may it be to your partner, neighbour, or stranger, the Court and the Crown take it very seriously. This charge is sometimes coupled with other criminal allegations, such as extortion and domestic violence.
Utter Threats to Cause Bodily Harm
This is a serious form of assault that can lead to severe consequences upon the finding of guilt, including a criminal record, fine, firearm restrictions and incarceration. Therefore, threatening to cause bodily harm charges should not be taken lightly. Retain an experienced criminal lawyer to help you mitigate the allegations and avert severe penalties.
Your Winning Defence Team
Zamani Law is a premier criminal defence firm dedicated to providing comprehensive, high-quality defence services to Toronto and GTA residents. As an accused person facing assault or other related charges, remember that you have the right to legal representation, and you’re innocent until proven guilty.
At Zamani Law, we are well- acquitted with assault cases. Our attorneys have years of experience successfully defending clients accused of various assault offences. The Crown Attorneys and Judges recognize us as aggressive and excellent lawyers, which helps us attain favourable results for you.
Our successful track record is evident in the reviews and testimonials by our clients. By retaining Zamani Law, your case will be in committed and highly skilled defence and trial lawyers. Contact us today for a free, no-obligation consultation.
What is the definition of assault?
The Criminal Code of Canada section 265(1) defines assault as the intentional application of force on another person, either directly or indirectly, without their consent. An attempt or threats to apply force can also constitute an assault. One can also face assault charges if they impede another person or beg while openly carrying or wearing a weapon or an imitation of one.
In which situations can a person not give consent?
Consent is a major element in assault cases. When someone agrees to fight or have sex, you can be found not guilty of an assault charge. However, in some situations outlined by Sections 265(3) and 271.1 of the Criminal Code of Canada, an individual cannot give consent. These include, but not limited to:
- Where the accused uses force on the victim or another person to obtain consent
- When the victim fears that there will be an application of force if consent is not given
- If the individual asking for consent is abusing or exercising a position of power or authority over the other person
- If a person gives consent under fraudulent information
- A person cannot consent to another individual fighting
- If an individual is incapable of giving consent, for example, a mentally ill or intoxicated person
- If a person, through words or acts, expresses disinterest in an activity
Is harm an element of assault?
You can be charged with criminal assault without causing bodily harm to another person. A person commits an assault when they exert any amount of force on another person without consent. Therefore, even a touch, pinch, or push can constitute an assault.
What does the Crown have to prove in threat charges?
In utter threat charges, the prosecution must prove that you made the threat and intended the recipient to take it seriously. They must also prove that you intentionally sought to cause fear or alarm to the recipient.
What if I accidentally hit someone?
Accidentally hitting or touching someone does not constitute an assault. This is because, in an assault, the application of force must be intentional. Therefore, a reflex action, hitting someone when having a seizure, accidentally touching someone in a crowded space, and other unintentional applications of force do not constitute assaults.
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I was referred to Mr. Zamani by a friend of mine and I was extremely happy with Mr. Zamani. His very knowledgeable and professional. If you have any legal issues feel free to contact him for help. Thank you very much Mr. Zamani and his team.- Abdul Ataey