Montreal Violent Offences Lawyer
What Is Assault?
Assault (s. 267) is the intentional direct or indirect application of force to another person without their consent. Given the legal definition, assault can vary from something as mundane as a playful, unwanted poke to something as serious as repeated shots to the face with a baseball bat.
What Other Violent Crimes Are There?
There are all sorts of other violent crimes that the Criminal Code explicitly prohibits, like robbery, kidnapping, forcible confinement, and more. There are also, of course, myriad iterations of assault like assault with a weapon, assault causing bodily harm, choking, and aggravated assault.
What Happens If I’m Convicted Of Assault?
The sentence sought will always depend on the degree of damage sustained by the alleged victim and the circumstances surrounding the assault. The lack of premeditation (such as in the case of road rage), the presence of alcohol (such as in the case of a bar fight) and who the alleged victim is (such as in the case of assault on a police officer) are aspects that go directly to sentencing as well. Assault carries no mandatory minimum sentence and can often be charged by summary conviction if the incident is particularly minor, paving the way for discharges as a possible sentencing option. Of course, if you have no interaction with the complainant outside of these charges, a peace bond could be ideal as well.
What Defences Are Available For Assault?
There are a number of possible defences available for assault. The violence used could very well have been justified because it constituted self-defence. You also could have been under duress or if intoxicants played a part, you could have been in an automatistic state.
I’ve Been Charged With Assault - Now What?
- If you’ve been charged with assault, it is absolutely vital that you exercise your right to counsel immediately. You should further invoke your right to remain silent. It’s also strongly encouraged to take note of your version of events. You should particularly focus on the moments leading up to the violence (what was said/done and by who, the degree of force used, etc.).
- If you’re being investigated for a violent offence, have been criminal charged or just have questions about your rights and obligations under the law, contact S. Zalman Haouzi Avocat today for a consultation!