Assault Battery

Toronto Assault Lawyer

Assault should be considered a serious criminal offence. The general definition of the offence is where one person, without the consent of another, applies either direct or indirect force or the threat of using force against them. The lack of consent is the common factor in all assault offences. The actual type of assault one is charged with does depend upon by other factors and circumstances related to the offence, such as whether a weapon was used and the victim sustained any sort of personal injuries.

If you have been charged with assault, it is highly recommended, for your best interests, to retain the services of an experienced Toronto assault lawyer, like Rishma Gupta. Ms. Gupta knows what types of evidence the Crown must present and how best to develop a strategic defence to the charges, while helping you obtain the best outcome possible.

 

Criminal Assault Offences

The Criminal Code of Canada contains several different types of criminal assault offences,
including, but not necessarily limited to:

  • Assault: This basic offences is where a weapon is not used and the victim does not sustain long lasting personal injuries.
  • Assault causing Bodily Harm: The victim sustains injuries that last for a longer period of time.
  • Assault with a Weapon: Any object defined as a weapon is used to commit the assault.
  • Aggravated Assault: If personal injuries against the victim includes wounding, disfiguration, or maiming, then one is charged with this type of assault.
  • Assault while Resisting Arrest: The defendant assaults a law enforcement officer while they are attempting to make an arrest.
  • Assault on a Peace Officer or Police: If a person knowingly assaults a peace or police officer, while either in or out of uniform, they can be charged with this type of assault.

Using the definitions contained within the Criminal Code, the Crown must determine the most appropriate charges to file against the defendant. The Crown reviews the evidence in each case, such as whether a weapon was used, the extent of injuries to the victim, and so on.

Aside from these types of assault offences, the Criminal Code of Canada also defines two other types of assault: Domestic Assault and Sexual Assault, each with variations based upon the circumstances surrounding the case.

If you have been arrested and charged with criminal assault, you need the best Toronto assault lawyer working on your case. Call Rishma Gupta now to schedule a consultation appointment to discuss your case and possible defences to your charges.