Assault Lawyers Toronto
Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.
Being found guilty of assault can lead to lengthy imprisonment and a lifelong criminal record that may negatively impact your life in various ways. It could limit your access to certain opportunities such as obtaining a mortgage, travelling, finding work or volunteering.
At Pyzer Criminal Lawyers, we recognize the serious consequences of having a criminal record and have a proven track record of defending numerous assault charges. Our experienced team is dedicated to developing the strongest possible defence strategy to help you avoid the long-lasting effects of a criminal record.
Types of Assault
The Criminal Code contains several types of assault charges:
Simple assault, including assaulting a police office
Assault with a firearm
Assault causing bodily harm
Aggravated assault, including aggravated assault against a police officer
Sexual assault
Consequences of a Conviction
Prospective employers that require a criminal record check will be able to view your assault charge, and your ability to secure employment, rent a home, travel to the U.S., or volunteer may be limited. Moreover, a criminal record can impede your chances of pursuing certain careers such as teaching, childcare, or medicine. If you are involved in a custody battle with a former partner, a judge may use your criminal record as evidence of poor character.
Your Legal Rights Under the Charter
The Charter of Rights and Freedoms safeguards your rights and freedoms in case of an arrest. All government agents, including police officers and Crown prosecutors, are obliged to respect the Charter. If your rights are violated, it may result in the dismissal of your assault charges and prevent them from appearing on your criminal record. In other instances, evidence may be excluded if your rights were not respected. If you are facing assault charges, it is advisable to exercise your right to remain silent and seek the services of an experienced assault lawyer.
Right to Representation
In the event of an arrest, Section 10 of the Charter mandates that the police must inform you of your right to consult with a lawyer. The police are required to do so as soon as possible. If the police fail to notify you of this right, the court may provide you with a remedy. This could include the exclusion of certain evidence from your case or the Crown agreeing to enter a stay of proceedings.
Right to be Informed
Section 10 of the Charter also grants you the right to be informed of the reason for your arrest. The police are obligated to inform you of the grounds for your arrest as soon as possible after the arrest.
Right to Remain Silent
If you have been arrested, it is often in your best interest to avoid speaking to the police. While you are required to provide the police with your name, date of birth, and address, it is advisable to refrain from saying anything further. It is highly recommended that you consult with a criminal defence assault lawyer before speaking to the police.
Types of Assault we Defend Against
Assault
Section 265(1) of the Criminal Code defines simple or common assault as the deliberate application of force, either directly or indirectly, to another person without their consent. Compared to aggravated assault, assault causing bodily harm, or assault with a weapon, simple assault is considered less severe.
Assault Causing Bodily Harm or Assault With a Weapon
Section 267 of the Criminal Code includes assault causing bodily harm and assault with a weapon, which occurs when a person uses a weapon or causes bodily harm while committing simple assault. These types of assault carry harsher penalties than simple assault as they are viewed as more serious. It is important to note that anything capable of causing harm to another person can be classified as a weapon if the accused uses it in a way that could cause injury or death.
Aggravated Assault
Section 268(1) of the Criminal Code defines aggravated assault as one of the most severe types of assault charges. It occurs when the accused injures, maims, disfigures, or endangers the life of another person. This type of assault is viewed as more serious than other forms of assault and carries harsher penalties.
Sexual Assault
Section 271 of the Criminal Code defines sexual assault as a serious offence in Canada. Sexual assault charges can be complicated. Any sexual activity that is non-consensual is considered sexual assault.
Defences for Assault Charges
Self Defence
The burden of proof falls on the Crown to show beyond a reasonable doubt that you did not act in self-defence if you claim that you acted in self-defence. Section 34(1) of the Criminal Code states you are not guilty of an offence if:
You believe on reasonable grounds that another person is using force against you; or
You believe on reasonable grounds that another person is threatening to use force on you; and
You assaulted the other person for the purpose of defending or protecting yourself from force; and
The assault you committed was reasonable in the circumstances.
To clarify, self-defence may be used as a legal defence if you assaulted someone in order to protect yourself and if your actions were deemed reasonable in the circumstances. In such cases, the Crown must prove beyond a reasonable doubt that you were not acting in self-defence in order for you to be convicted of the assault charge.
Defence of Consent
If two individuals consent to engage in a fight, the resulting physical contact may not be considered a criminal offence of assault. However, there can be no consent to assault in situations where the alleged victim submits or does not resist the assault by reason of:
The application of force to the victim or to a person other than the victim;
Threats or fear of the application of force to the victim or to another person;
Fraud; or
The exercise of authority.
Pyzer Criminal Lawyers
1396 Eglinton Ave W #100, Toronto, ON
M6C 2E4
Canada
https://www.torontodefencelawyers.com/
contact@torontodefencelawyers.com
416-658-1818
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CONTACT US TODAY!
416-658-1818
Pyzer Criminal Lawyers
1396 Eglinton Ave W #100, Toronto, ON
https://www.torontodefencelawyers.com/
contact@torontodefencelawyers.com