Assaulting a peace officer is a serious criminal offence in Canada that involves assaulting a police officer or other peace officer while they are performing their duties. This page provides an overview of the offence, potential penalties, and the importance of seeking legal representation if charged.
Assaulting a Peace Officer: Criminal Code Definition
Assaulting a peace officer is defined under Section 270 of the Criminal Code.
270 (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Elements of Assaulting a Peace Officer
To prove assaulting a peace officer, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional application of force.
- That the victim was a peace officer performing their duties.
- That the complainant did not consent to the action.
Potential Penalties for Assaulting a Peace Officer
Penalties for assaulting a peace officer can vary:
- Summary Conviction: Up to 2 years less a day in prison and/or a fine of up to $5,000.
- Indictable Offence: Up to 10 years in prison.
Click here to learn more about the potential penalties for assaulting a peace officer.
Defences Available for Assaulting a Peace Officer
Possible defences include:
- Self-defence
- Lack of intent
- Mistaken identity
- Fabrication or false accusation
Click here to learn more about the potential defences available for assaulting a peace officer.
Speak to an Assault Lawyer Today
A skilled criminal lawyer can provide essential guidance, challenge evidence, and develop a robust defence strategy. They ensure your rights are protected and work towards the best possible outcome for your case. Call (855) 585-1777 to receive a free consultation with an assault lawyer.
