IMG_0414BLUE

TORONTO ASSAULT PEACE OFFICER LAWYER

We specialize in helping everyday people avoid a criminal conviction for assault. Our office actively represents young professional including those employed in the financial sector, construction, banking, sales, medicine, government, public transportation, students and even retirees charged with assault for their first time. Our primary objective is to confidentially deliver a fresh start.

When confronted with allegations of assault, hiring experienced and persuasive legal counsel is vital to a successful defence. Assaults arise in a variety of contexts, often between law abiding citizens involved in unexpected heated disputes, frequently observed in the entertainment district. A conviction of assault carries serious employment, travel, immigration and relationship consequences. We handle many situations where the alleged assault was completely unintentional.

Depending on who the alleged assault was committed against, charges of assault are pursued differently. Assaults against individuals which fall within the definition of a “peace officer” are prosecuted more aggressively. Assaults against a spouse or cohabitant are also pursued differently. We actively defend a range of assault charges including Domestic Assault, Assault with a Weapon, Assault Causing Bodily Harm and Aggravated Assault.

The Criminal Law Group secured a full withdrawal in its new R. v. A.Y. [2014] for Assault Causing Bodily Harm strictly on the basis of an evidentiary technicality. It further secured a withdrawal of an allegation of assault against an Investors Group Employee in its R. v. C.L. [2014] and a CIBC Employee in its R. v. E.T. [2014]. Recently, the Criminal Law Group even secured a withdrawal of an allegation of Sexual Assault against a Jehovah Witness in its R. v. R.K. [2014].

Frequently Asked Questions

What is a Peace Officer?
What is Assaulting a Peace Officer?
What are the Penalties Associated With a Conviction?

What is a Peace Officer?

The definition of a peace officer within the Criminal Code is broad, and includes several other classes of individuals than simply tradition police officers. These allegations have a particularly adverse stigma and are taken very seriously by the courts. A peace officer as defined in the Criminal Code includes more than just traditional police officers. The Criminal Code defines “peace officer” to include:

(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

(c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when

(i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or

(ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation,

(d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

(f) the pilot in command of an aircraft

(i) registered in Canada under regulations made under the Aeronautics Act, or

(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight, and

(g) officers and non-commissioned members of the Canadian Forces who are

(i) appointed for the purposes of section 156 of the National Defence Act, or

(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers

What is Assaulting a Peace Officer?

To assault a peace officer, there must first be an assault on an individual who falls within the definition of a peace officer. Section 270(1) of the Criminal Code provides every one commits an offence who assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or assaults a person who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or with intent to rescue anything taken under lawful process, distress or seizure.

What are the Penalties Associated With a Conviction?

There is a term of imprisonment of up to five years for a conviction of assaulting a peace officer. We have successfully avoided custodial sentences for a number of these charges.

We have experience defending a range of assaults on peace officers. Defending these allegations strategically is vital, as there may be significant employment, travel and other associated consequences with a conviction. We frequently handle situations where the accused did not intend to assault the arresting officer, but was nonetheless charged with the offence. Assaulting a peace officer is a very serious allegation. We have vigorously defended a range of these charges, scrutinizing police evidence, video surveillance and arresting protocol.

416-DEFENCE | 416-333-3623