Assault is a fundamental criminal offence in Canada involving the application or threat of force without consent. This page provides an overview of the offence, potential penalties, and the importance of seeking legal representation if charged.
Assault: Criminal Code Definition
Assault is defined under Section 265 of the Criminal Code.
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) 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
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Elements of Assault
To prove assault, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional application of force or an attempt/threat to apply force.
- That the complainant did not consent to the action.
Potential Penalties for Assault
Penalties for assault can vary based on the circumstances and severity of the offence:
- Summary Conviction: Up to 6 months in prison and/or a fine of up to $5,000.
- Indictable Offence: Up to 5 years in prison.
Click here to learn more about the potential penalties for committing assault.
Defences Available for Assault
Possible defences include:
- Self-defence
- Consent
- Lack of intent
- Mistaken identity
- Fabrication or false accusation
Click here to learn more about the potential defences available for assault charges.
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.
