Assault Lawyers Toronto
January 2023
Assault charges are becoming more and more common in Toronto, with people unsure of how to defend themselves in court. It is important to understand the different types of assault charges in Toronto and what defence strategies are available for those facing assault charges.
This blog will discuss the ins and outs of assault law, as well as what you can do to build a strong defence.
What are Assault Charges?
Assault charges are defined as a criminal offense that involves the use of force against another person without their consent. Assault can range from minor pushing and shoving to more serious offenses such as punching or using a weapon.
In Toronto, assault is broken into two categories: summary conviction assaults and indictable assaults. Summary conviction assault charges are less serious and include assault causing bodily harm, assault with a weapon, or assault by threatening conduct. This type of assault carries a maximum sentence of 18 months in jail if convicted.
Indictable assaults involve more serious forms of assault including aggravated assault, sexual assault, and uttering threats. These types of offenses carry a harsher penalty and may involve up to 10 years in prison
What is Considered Assault in Canada?
In Canada, assault is defined as the use of force against another person without their consent. This can include physical contact such as hitting or pushing, as well as threatening behavior. Assault with a weapon or assault causing bodily harm are considered more serious offenses and should be defended accordingly.
What is the difference between assault, assault with a weapon, assault causing bodily harm, and aggravated assault?
The difference between assault, assault with a weapon, assault causing bodily harm, and aggravated assault is the degree of injury inflicted on the victim.
Assault is defined as the intentional application of force without the consent of the other person. Assault with a weapon is using a physical object to cause harm to another person.
Assault causing bodily harm is any physical harm that isn't minor or transient.
Aggravated Assault is when the victim suffers substantial harm, such as wounds, disfigurement, or endangerment of life. Depending on the degree of harm inflicted, the sentences may vary from no jail time for assault to multiple years in jail for aggravated Assault.
How Assault Charges are Filed in Toronto
In Toronto, assault charges are filed in the Ontario Court of Justice. The prosecutor is responsible for proving that the assault occurred and will present evidence such as witness testimony or medical reports to support their case.
Depending on the severity of the assault, you may be eligible for a summary conviction or an indictable offense. Defending assault charges in Toronto When defending yourself against assault charges in Toronto, it is important to have a strong strategy.
If you are facing a summary conviction charge, your lawyer will look at all available legal options including challenging evidence from the prosecution and presenting new evidence that can potentially reduce the sentence or get the charge dismissed altogether.
What are the Penalties for Assault?
The maximum penalty for assault depends on the type of assault charge and the severity of harm caused to the victim. For summary conviction assault, you can face up to 18 months in jail if convicted.
For indictable assault, the sentencing range is much higher and may involve up to 10 years in prison depending on the degree of harm inflicted on the victim.
It is also important to note that assault charges can carry a criminal record. This means that even if you are found not guilty or receive a suspended sentence, you will still need to disclose your charges during job applications or travel visas.
The Process of Defending Assault Charges
In Toronto, the process of defending assault charges in Toronto begins with a lawyer reviewing your case and gathering evidence that can potentially reduce or dismiss your charge. Depending on the severity of the assault, they will work to build a strong strategy while looking into legal options such as challenging evidence from the prosecution or presenting new evidence.
Your lawyer may also seek to have your sentence reduced if you are found guilty. It is important to note that assault charges can carry a criminal record and it is best to consult an experienced criminal defence lawyer for assistance when facing assault charges.
Possible Outcomes of a Trial for Assault
The possible outcomes of a trial for assault depend on the type of assault charge and the strength of the evidence presented. In some cases, the charge may be lowered or dismissed altogether if there is not enough evidence to support a conviction.
If found guilty, you may receive a suspended sentence or have your sentence reduced depending on mitigating circumstances. It is important to note that assault charges result in a criminal record so it is best to consult with an experienced lawyer before proceeding with a trial.
What to do if Charged with Assault in Toronto?
If you have been charged with assault in Toronto, it is important to seek legal advice as soon as possible. The experienced criminal defence lawyers at Titan Defence LLP will be able to review your case and provide the best course of action for defending yourself against assault charges. They can also help reduce the potential sentence or get your charge dismissed altogether if there is not enough evidence to support a conviction. Assault charges are serious and require an aggressive defence strategy from a proven team of assault defence lawyers.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.