FIRST OFFENDER? DEFEND ASSAULT CHARGES IN BRACEBRIDGE.  1-866-DEFENCE.

Assault offences are among the most common before the Court in Bracebridge and across Ontario. This is in part due to the broad definition of assault, which includes a wide spectrum of physical interactions. As outlined in section 265(1) of the Criminal Code, an individual commits assault when they, without consent, apply force either directly or indirectly to another person. An individual may also be guilty of assault where they attempt or threaten, by an act or gesture, to apply force to another individual without their consent and that individual believes on reasonable grounds that the accused has the present ability to carry out the assault. Finally, an individual may be found guilty of assault where they impede, accost, or beg another person while openly carrying or wearing a weapon or imitation thereof.

Domestic assault charges are also very common, leading some jurisdictions in Ontario to consider domestic violence a serious public safety issue. As a result, Crown attorneys tend to prosecute assaults occurring in the context of a domestic relationship more aggressively.

Donich Law has devoted a portion of its practice to defending those charged with assault and domestic assault. We have experience defending minor assaults as well as more serious assault offences including assault with a weapon and assault causing bodily harm. We also have experience defending those who have been wrongfully accused and first-time offenders. We have experience negotiating with Crown attorneys to ensure the best possible outcome for our clients.

In 2016, the Firm defended an individual charged with assault with a weapon in R. v. P.T. [2016] after the accused allegedly threatening his domestic partner with a kitchen knife during an argument. The Firm was able to negotiate a withdrawal of the charge.

In 2016, the Firm defended an individual charged with criminal harassment in R. v. A.C. [2016] after the accused allegedly sent hundreds of unwanted text messages to his ex-partner. After some negotiation, the Firm was able to secure a withdrawal of the charge.

In 2017, the Firm defended an individual charged with assault with a weapon in R. v. W.V. [2017], after the accused allegedly struck her domestic partner in the head with an overcooked pizza. After some negotiation, the Firm was able to secure a withdrawal of the charge.

In 2018, the Firm defended an individual charged with assault with a weapon in R. v. E.T. [2018], after the accused allegedly assaulted a minor. After some negotiation, the Firm was able to secure a withdrawal of the charge.

The Firm has successfully handled several assault cases. To learn more about these cases, please click here.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

How is Simple Assault Different from Domestic Assault?
What is a No Contact Order?
How will a Domestic Assault Charge Impact my Family?
How to Beat an Assault or Domestic Assault Charge in Bracebridge?
-Reflex Action
-Consent
-Defence of Property
-Defence of Person
What are Common Sentence for Those Convicted of Assault in Bracebridge?

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

How is Simple Assault Different from Domestic Assault?

In Canada, the offence of assault is outlined in section 265(1) of the Criminal Code. The Code states that an individual commits an assault when they apply force, either directly or indirectly, to another individual without that individual’s consent. An assault has also occurred where the accused attempts or threatens, through an act or gesture, to apply force to another individual and that individual has reasonable grounds to believe the accused has the present ability to carry out their threat. Finally, an assault has occurred where an accused begs, impedes, or accosts another individual while carrying or wearing a weapon or imitation thereof.

This definition encompasses both simple assault and assaults occurring in the context of a domestic relationship. While there is no separate and distinct domestic assault offence in the Criminal Code, those who commit an assault in the context of a domestic relationship may be prosecuted and sentenced more harshly than those who have committed an assault in another context.

What is a No Contact Order?

A no contact order is an order issued by the court prohibiting an accused individual from contacting certain other individuals. When an individual is charged with an assault offence or any other violent offence, they will be issued a no contact order as part of their release from police custody. The order will prohibit the accused from contacting the victim of the alleged crime as well as any other witnesses to the offence.

In domestic assault cases, the accused will be ordered not to contact their domestic partner until the case has resolved or the Court orders otherwise. This means that even married couples and those who are living together will be forced to separate, sometimes for several months. In some cases, this can even result in the accused being forced to move out of their residence and find other accommodation.

It is sometimes possible to have a no contact order varied or removed prior to the case resolving. To have a no contact order varied or removed it is necessary for the complainant to agree to the change.

How will a Domestic Assault Charge Impact my Family?

Domestic assault charges can have a serious impact on an accused’s family. As outlined above, those who are charged with assault or other violent crimes will be issued a no contact order as part of their release conditions. In domestic cases, this order will prohibit intimate partners, couples who are cohabitating and even married couples from contacting each other until the case has resolved. In many cases, this can take months, leaving families separated for extended periods of time.

When children are shared between the accused and complainant, the order may leave the parties unable to contact on another, even for childcare reasons. If the alleged assault occurred inside a residence where children reside or in the presence of children, the Children’s Aid Society may also become involved. The Children’s Aid may choose to launch an investigation of their own to determine whether the children are safe inside the home. If they determine the children are not safe, they may choose to initiate court proceedings to remove the children from the home.

Donich Law has experience negotiating with both the Crown and the Children’s Aid Society to restore contact between accused persons and their families where appropriate.

How to Beat an Assault or Domestic Assault Charge in Bracebridge?

Donich Law has devoted a portion of its practice to representing individuals who have been charged with domestic assault. In each case, it is important to understand the allegations and the evidence in the possession of the Crown prior to developing a defence. The defence in each case should be unique.

There are four defences that if used successfully, will act as justification for the accused’s otherwise criminal actions, absolving the accused of guilt. These defences include reflex action, consent, defence of property and defence of person.

Reflex Action

An accused person may argue reflex action where they did not intend to apply force to the complainant. If the accused can prove to the Court that the contact they made with the complainant was the result of a reflex action, the accused cannot be convicted.

Consent

An accused person may use the defence of consent where the complainant consented to the physical force applied by the accused. For the Crown to gain a conviction for assault they must prove, beyond a reasonable doubt, that the accused applied force to the complainant without consent. If the complainant did consent, the accused cannot be convicted. It is important to note that an individual cannot legally consent to bodily harm.

Defence of Property

Where an individual is in peaceful possession of property, meaning they have a legal right or property interest in the property, they may use the amount of force reasonably necessary to expel an intruder. It is important to note that if injuries to the intruder result, this defence may fail.

Defence of Person

The defence of person defence is one of the most commonly used defences of this sort in assault cases. An individual may use the amount of force reasonably necessary to repel an attack by another individual. If the amount of force used is excessive, this defence will fail.

In many other cases however, these defences will not be appropriate. Where there is no clear-cut defence to the accused’s actions, it will be necessary to negotiate with the Crown attorney in charge of the case to resolve the matter. In some cases, the accused may complete up front counselling to address their issues, resulting in a lower sentence upon conviction.

If you have been charged with assault in Bracebridge Donich Law can assist you in developing the correct defence for your particular set of allegations. We have experience defending an array of assault and domestic assault cases and regularly obtain favourable results for our clients.

What are Common Sentences for Those Convicted of Assault in Bracebridge?

The definition of assault provided in section 265(1) of the Criminal Code is quite board. As a result, the sentences handed down to those convicted of assault may vary significantly from one person to the next. Many different factors will be considered in determining the appropriate sentence.

Simple assault under section 266 of the Criminal Code is a hybrid offence. After screening the case, the Crown assigned to the file will make an election to proceed either summarily or by indictment. The Crown will proceed by indictment in more serious cases and summarily in all other cases.

Where the Crown elects to proceed by indictment on a simple assault charge, the accused person will face a maximum of five years in prison if convicted. Where the Crown proceeds summarily, the accused person will face a maximum of two years less a day in prison, and/or up to a $5,000 fine.

The maximum penalties are generally reserved for the most serious offences. In the vast majority of cases, those convicted of simple assault will be sentenced to far less than the maximum penalty. In more minor cases, an individual convicted of assault could receive a discharge, resolving the matter without a criminal record. The Court may also impose a shorter period of incarceration, probation, or community service.

Quick Facts

Can I get a Discharge for a Simple Assault Charge?

In some cases, yes. In determining whether a discharge is appropriate, the Crown will consider the nature and severity of the allegations, the accused’s criminal history, the prospect of conviction should the case be taken to trial, and any other relevant factors.

Can my Partner Drop my Domestic Assault Charges?

No. Once the police have laid domestic assault charges against an accused only the Crown can choose to withdrawal them. As a general rule, the Crown will not withdrawal a charge at the request of the complainant simply because the complainant does not wish to proceed.

If I have a No Contact Order in Place can I Contact my Partner Through a Third Party?

No. Unless specifically stated otherwise in the order, a no contact order prohibits an accused from contacting the complainant either directly or indirectly. Contacting the complainant through a third party would be considered indirect communication and is a breach of the order.

How Long Does a No Contact Order Remain in Place?

A no contact order will remain in place until the case has resolved or until the condition is altered or removed by the Court. In many cases, the condition will remain in place for several months.

Will I go to Jail if I am Convicted of Assault or Domestic Assault?

In some cases, yes. Whether or not an offender will be sentenced to a period of incarceration as a result of an assault conviction will depend on a number of factors. The severity of the allegations, the evidence in the possession of the Crown and the accused’s criminal history will all play a role in whether a period of incarceration is imposed.

Can I get a Peace Bond for an Assault Charge?

In some cases, yes. In cases where the allegations are minor or there are evidentiary issues, the Crown may agree to allow the accused to enter into a peace bond. When an accused enters into a peace bond there is no finding of guilt. Rather, the accused is ordered to keep the peace and be of good behaviour and abide by any other conditions imposed by the Court until the peace bond has expired.