Expert Toronto Criminal Lawyers Fighting All Assault Charges

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Overview

How to Defend Assualt Charges in Toronto

Looking for a top-notch assault lawyer near me? Look no further! Our legal experts have your back, flying high in defence of assault charges across the province. They are no strangers to the courtroom scene in the GTA, making regular appearances in Toronto.

Meet Toronto Law Firm, the criminal law guys with a specialist badge to prove it. We have a track record of turning the tables for clients in Toronto and beyond. With a bag of clever tactics, we have seen more charges dropped and cases dismissed than you can think.

What is an Assault in Toronto

Someone is intentionally pushing or touching you without your yes. That’s what the law, specifically section 265 of the Criminal Code, calls assault.

But wait!

Even if someone just tries to scare you into thinking they will push you, that is assault, too. And if someone is blocking your way or asking for something while waving around a real or fake weapon, Yes, you guessed it, that’s assault as well.

Now, why does this matter? According to a survey, about 1 in 3 people will experience some form of assault in their lifetime. So, it’s not just about knowing the law; it’s about staying safe and looking out for each other.

How Much Force is Needed to Commit an Assault

What does it take to be accused of assault? A slight touch on purpose could be seen as using “force.”

You do not need to hit someone hard to be charged with assault. Some cases get thrown out because the touch is barely there. For example, charges have been dropped when someone pushed another person to leave a room, during a small fight at home, or even when accidentally bumping into a parking officer during an argument.

What if You Unintentionally Hit Someone

Ever wondered what happens if you accidentally bump into someone? Well, it is all about intention. If you are shaking it off during an epileptic fit and happen to knock into someone, that is not considered an assault. Similarly, the little push-and-shove in a packed bus is not considered an assault since it is unintentional.

But if you aim to hit one person and end up hitting another, that’s still an assault. The target does not matter; if you intend to push someone, it’s game on for an assault charge.

Always watch where you’re swinging those arms, or you might need to chat with an assault lawyer in Toronto. 

Get free consultations.

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Examples of Assault

Here are some examples:

  • Someone throws a punch, grabs, kicks, slaps, or touches without your consent.
  • Someone threatens you with a move or a gesture, like raising their fists as if they are about to throw down.
  • Someone is blocking your way or bothering you while showing off a weapon, real or fake.

You might be thinking, ‘How often does this happen?’ Well, stats show that in Toronto, there were over 21,398 assaults in 2023. That’s a lot of unwanted fist bumps if you ask me.

Types of Assault Offences in Toronto Canada

The following are some assault types in Toronto:

1. Assault With a Weapon

Ever heard of getting in trouble for swinging a bat but not hitting anything? That is what happens with assault with a weapon. It is like waving a bat around, scaring someone, or even trying to hit them, but you do not have to land a hit to get charged. And guess what? You could be chilling behind bars for up to ten years if found guilty.

2. Simple Assault

Imagine someone just pokes you without your say-so. That is what the law calls simple assault—no weapons, just a bit of pushing or a light tap, with barely a scratch. But do not take it lightly; if the court finds you guilty, you could be grounded for up to five years.

3. Assault Causing Bodily Harm

When someone gets hurt, the police might charge the person responsible with assault charges in Toronto. This means the victim got injured, but it does not have to be super serious. Even a small black eye or some bruises count. In Canada, if you are found guilty, you could end up in jail for up to ten years. It is like when you accidentally hit your cousin while playing, but way more serious, and the consequences are no joke.

4. Aggravated Assault

If you are accused of causing severe injury, disfigurement, or endangering someone's life, you could be looking at a big sentence. We are talking up to 14 years behind bars. So, if you or a loved one is in this situation, it is crucial to get experienced legal help quickly.

5. Sexual Assault

if someone forces or threatens to force another person into a sexual act without consent, they could face sexual assault charges. The penalty can be up to 10 years in jail for adult victims and 14 years for children.

6. Assault on a Peace Officer

Messing with a peace officer? Avoid it. You could land yourself in hot water, facing a mix of consequences from a slap on the wrist to a decade behind bars. Here's the inside:
1. Getting Physical: Throwing hands at a peace officer? That is a straight ticket to trouble.
2. Resisting Arrest: Trying to escape out of cuffs? Not cool, and definitely not legal.
3. Interfering with Duty: Messing with an officer on the job? You are asking for a world of hurt.

Assault Convictions can Result in Serious Penalties

Depending on the situation, the consequences can vary. For a simple assault, you might be looking at up to 5 years behind bars. And if it is aggravated assault, that number could jump to 14 years.

But here’s the good news: 

Having a seasoned criminal lawyer on your side can make a world of difference. The experts at Toronto Law Firm have a track record of success, using strategies like self-defence and securing discharges to keep our clients’ records clean. As one of Canada’s top criminal law firms, we have the expertise and resources to defend you fearlessly against any assault charge.

How can I Beat an Assaul Charge in Toronto

Assault attorney near me in Toronto is often called into action by the cops, not the person who got hurt. This makes it a criminal matter, not a civil one. To get an assault charge dropped, you have got to play it smart. Start by getting the lowdown on the evidence stacked against you, then tackle the charge head-on, aiming to avoid jail and a criminal record.

Now, even if you did throw a punch, there might be a legit reason that could get the charge dropped or lead to a not guilty verdict. That means no jail time or criminal record. The key is putting up a solid defense. Here are some go-to defenses for assault:

  • Reflex Action: Ever sneezed on the subway and accidentally elbowed someone? That’s a reflex action—no harm intended. It’s also known as non-insane automatism.
  • Consent: This defense is all about agreeing to the rough stuff. Think scuffles or bar fights with no serious injuries. It also covers situations where physical force is expected, like getting checked in a hockey game.
  • Defence of Person: Also known as self-defence, this is when you use reasonable force to protect yourself or someone else from an attack.
  • Defence of Property: If someone is messing with your stuff or trying to barge into your home, you are allowed to use a reasonable amount of force to stop them.

Corrective Force: Sometimes, a parent, teacher, or guardian might need to use a bit of

It’s Vital to Hire a Lawyer

Finding yourself accused of a crime like assault can turn your world upside down. It is not just a bump in the road; it’s a mountain to climb. And who better to have by your side than the top assault lawyer Toronto? From the get-go, getting competent advice about your rights is crucial.

Lawyers are there to:

  • Hustle to get you out on the best terms possible;
  • Be your GPS through the maze of the criminal justice system;
  • Make sure the other side shows their cards, as they must;
  • Spot any slip-ups or oversights, including when your rights have been given the cold shoulder;
  • Chat up the Crown for you, wheel and deal, and lay out your choices;
  • Sift through the evidence against you, aiming to either get the charges dropped or secure your freedom;
  • Dig up more evidence that backs your story and throws doubt on the accuser’s trustworthiness;
  • Work towards a lighter sentence when admitting guilt or if found guilty.

Get free consultations.

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FAQs

Frequently ask questions.

For a first-time assault in Canada, you might not necessarily go to jail. The consequences can vary and may include fines, probation, restraining orders, mandatory counseling, and in some cases, imprisonment.

Yes, assault is considered a serious offence in Canada. It is a violation that can lead to significant legal consequences.

In Canada, there is no set minimum sentence for assault causing bodily harm. The punishment depends on the specifics of the case.

The lowest level of assault in Canada is known as common assault (section 265). This category includes actions like pushing, slapping, punching, and verbal threats.