Definition of Assault in Canada
A person commits an 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.
Criminal Code, s 265(1)
If done in self-defence, or in the defence of another, the act is not an offence, so long as the degree of force is reasonable. Another possible defence that sometimes is used is that the act was done with consent.
Your representative may want to explore the possibility of a peace bond (section 810 of the Criminal Code), which does not result in a criminal record, finding of guilt, or conviction, unless you breach the terms of the bond.
Fight your assault charge to keep your criminal record clean
We at XPolice do not provide these services but are proud to refer you to trusted lawyers that have met the needs of many of our clients in the past. You should be informed that it is illegal for any paralegal to represent anyone for assault charges or similar criminal charges without being under the direction of a lawyer.