Ottawa Assault Lawyer Defends You in Ontario
An assault charge is a serious matter. Depending on the details of your case, you could face time behind bars. If you are convicted, only one thing is certain: you will have a criminal record.
At David Anber’s Law Office, we know that any criminal charge can have far-reaching consequences on your future. That is why we work vigorously to defend our clients. Whether police arrest you for simple assault or aggravated assault, our legal team will fight passionately for your rights and freedom. To schedule a free, initial consultation to speak with one of our skilled defence lawyers, call 1-888-989-3946 or contact us online.
What is an assault?
In Ontario, Canada, assault is defined as the act of intentionally using force against another person without their consent, or the threat of using such force. It is a criminal offence punishable by law. According to Criminal Code of Canada Section 265, someone commits assault when:
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
For more information, consult with a knowledgeable defence lawyer in Ottawa. Penalties for assault in Ontario can range from a fine or imprisonment to life in prison, depending on the severity of the offense and the circumstances surrounding the case
What are the provisions of assault?
In Ontario, the provisions for assault include:
- Simple assault — If you use physical force or threaten physical force against another person you may be charged with simple assault.
- Aggravated assault — Should you cause serious bodily harm to the complainant, the crime is upgraded to an aggravated assault.
- Assault with a weapon — If you use a weapon to threaten or cause harm to another person, the Crown will charge you with assault with a weapon.
- Sexual assault — Sexual assault is defined as any form of sexual contact or behavior that occurs without the consent of the victim.
Our legal team has extensive experience defending Ontario residents accused of violent crimes like assault, including sexual assault with a weapon, aggravated sexual assault, and even assault of a peace officer. If you are accused of any type of assault, we are ready to fight for your rights.
What are the penalties for assault?
Penalties for assault in Ontario vary depending on the specific type of assault and the circumstances of each individual case. Possible penalties include:
- Simple assault: a fine or imprisonment of up to 5 years.
- Aggravated assault: a fine or imprisonment of up to 14 years.
- Assault with a weapon: a fine or imprisonment of up to 14 years.
- Sexual assault: a fine or imprisonment of up to 10 years, with the possibility of life in prison for more serious cases.
It is important to note that the penalties for assault can be increased if the victim is a member of a specific group, such as a police officer, if the assault is hate-motivated, or if there are other aggravating factors involved.
What are defences for assault in Ottawa?
When it comes to assault cases, our legal team relies on a number of different defence tactics, including:
- Self-defense — You may be able to claim that you were acting in self-defense, and that you were using force to protect yourself or another person from harm.
- Consent — If the victim consented to the physical contact in question, the assault charge may be dropped.
- Mistaken identity — The victim may have confused you with another person.
- Lack of intent — You may be able to argue that it was not your intention to use force or cause harm, and that the act was accidental.
- Duress — If you were under duress and forced to commit the assault by someone else you are innocent.
Every assault case is different. The validity of these defenses will depend on the specific facts and circumstances of your individual case.
Is physical harm necessary to classify an act as an assault?
No, physical harm is not necessary to classify an act as an assault in Ontario. Under the Criminal Code of Canada, an assault occurs when a person intentionally uses force against another person, or threatens to use force, without their consent. This means that an act of assault can occur even if no physical harm is inflicted on the victim. For example, threatening to punch someone or making a threatening gesture would still qualify as an assault, even if no physical contact is made.
Ottawa assault defence lawyers fight for you
At David Anber’s Law Office, we fight diligently to safeguard the rights and freedom of clients accused of assault in Ottawa and Quebec. If police arrest you for any type of assault, our team of experienced defence lawyers can investigate your case, interview witnesses, and help you build a strong defense. To schedule a free consultation to speak with one of our experienced defence lawyers, call 1-888-989-3946 or contact us online.