FIRST OFFENDER? DEFEND ASSAULT CHARGES IN BRAMPTON.  416-DEFENCE.

Our office has expertise handling various assault charges our clients may be facing, including assault with a weapon, assault causing bodily harm, aggravated assault, and domestic assault. Whether you are work in law enforcement, finance, government, medicine, banking, or construction; whether you are a student, retiree, or a young professional, we have experience defending people like you who have been charged with assault. We will work tirelessly to avoid the imposition of a criminal record if this is your first offence, and if you have been charged before, we can fight for you to retain your freedom. Our primary objective is to ensure confidentially and to deliver a fresh start without a Criminal Record.

In 2016, there were 4,269 assault charges that Peel Regional Police officers laid. This number indicates that assault is the second most common criminal offence in Brampton and Mississauga. Statistically, the crime rate in Brampton has been decreasing, with its crime rate below Ontario and Canada as a whole.

In 2022, Donich Law represented an individual charged with one count of assault with a weapon and one count of simple assault in R. v. S.Y. [2022]. The client was arrested after allegedly assaulting her ex-partner during an argument. The accused was holding a cell phone in one hand during the alleged assault, leading to an assault with a weapon charge. The Firm negotiated with the Crown to provide context to the situation, ultimately leading to a withdrawal of the charges.

In 2022, the Firm successfully represented a client charged with assault, uttering death threats, and assault with a weapon after getting into a heated altercation with his domestic partner in R. v. Y.W. [2022]. The accused was alleged to have assaulted his partner and threatened her with a knife during a fight. The Firm participated in Crown negotiations, presenting evidence to show that the accused had taken steps to address the issues leading to the alleged offences. After several months of negotiations, the Crown agreed to withdrawal all charges.

In 2021, Donich Law successfully represented an accused charged with assault and assault with a weapon in R. v. J.D. [2021]. The client was charged after he brandished a knife and pushed his partner during a heated argument. The Firm was resolved the matter without a criminal record for the accused by securing a withdrawal of the charges.

In 2021, the Firm successfully represented an individual charged with criminal harassment, false information and indecent communications in R. v. B.K. [2021]. The accused was alleged to have sent Instagram messages from a fake account to a mutual friend of he and his ex-partner, indicating that the ex-partner wanted to engage in sexual activity with the mutual friend. Law enforcement used IP address information to arrest the accused. The Firm negotiated the matter with the Crown for more than one year, pointing out weaknesses in the Crown’s case and ultimately resolving the matter without a criminal record.

In 2021, the Firm represented an accused charged with domestic assault after allegedly striking his partner in the face in R. v. A.R. [2021]. Having just had a baby together, the complainant hired independent legal counsel to assist her in varying the no contact order put in place by the court when the accused was arrested. Working alongside the complainant’s legal counsel, the Firm was able to present a united defence, resulting in the charges being withdrawn.

In R. v. B.W. [2021], Donich Law represented an individual charged with two counts of assault, forcible confinement, assault with a weapon and uttering death threats after an altercation with his domestic partner. After more than two years of litigation the Firm successfully defended the charges by exposing material inconsistencies in the Crown’s case during cross-examination.

In 2020, Donich Law represented an individual charged will assault causing bodily harm, choking and assault in R v. A.M. [2020]. In that case, the accused allegedly struck and choked his partner during an argument. The Firm was able to resolve the matter with a peace bond, avoiding a criminal record.

The Firm secured a withdrawal of all charges against the president of a Martial Arts Team during the 2015 Toronto Pan Am Games in R. v. J.F. [2015] after he had been accused of Assault. We resolved the case of R v N.S. [2016], in which a client was charged with assault causing bodily harm for kicking a 10-year-old in the groin at a Jay’s game, without a criminal record.

The Brampton Criminal Courthouse is called the A. Grenville and William Davis Courthouse, located at 7755 Hurontario Street, Brampton ON, L6W 4T1. The courthouse can be called at (905) 456-4700.Court office hours generally occur Monday through Friday from 8:30 a.m. to 5:00p.m. If you are looking for information about your upcoming court appearance, it can be accessed here. Services and contact information can be located here. Grenville and William Davis Courthouse hears cases for adults, young persons aged 16-17, and young persons aged 12-15.

In February 2018, the Firm defended an individual charged with assault and four counts of assault with a weapon in R. v. E.T. [2018]. The accused was charged with assaulting a ten-year-old. The Firm secured a withdrawal of all five charges.

In January 2019, the Firm defended a serious assault causing bodily harm charge, where the accused allegedly fractured the jaw of the complainant in R. v. S.G. [2019]. After a year of litigation and after discovering exculpatory video surveillance evidence, the Firm resolved the charge without a criminal record.

Our Firm also dedicates a large part of our practice to domestic assault charges. Domestic assault allegations generally involve allegations of assault within an intimate relationship, including those in same-sex intimate relationships. In 2014, the Firm secured two separate withdrawals of domestic assault charges against an IROC regulated employee in R. v. C.L. [2014] and a financial services employee in R. v. E.T. [2014].

The Firm also dedicates part of its practice to criminal harassment charges arising in the context of domestic relationships. These cases often involve situations where one partner in an intimate relationship has sent a large number of unwanted communications, either phone calls, text messages, emails, etc., to their partner.

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

What is Assault?
How Does the Crown Prove an Assault Charge in Brampton?
What are some Defences to Assault in Peel?
-Consent
-Defence of Person
-Defence of Property
-Reflex Action
What are the Penalties for an Assault Conviction in Brampton?

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

What is Assault?

The term assault is a broad term for a wide array of physical interactions. The offence of assault is outlined in section 265(1) of the Criminal Code. The Code states that a person commits an assault when:

• he, without the consent of another person, applies force intentionally to that other person, directly or indirectly;
• he, attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, the 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.

As a result of this broad definition, a wide variety of interactions could be considered assault. On one end of the spectrum, threatening to punch another individual without actually making contact would constitute an assault in the complainant genuinely believed the accused could carry out the assault. On the other end of the spectrum are cases where an individual violently attacks another individual.

In addition to simple assault, section 267 and 268(1) of the Criminal Code also outlines the offences of assault with a weapon, assault causing bodily harm and aggravated assault. If an individual commits an assault and uses a weapon in the process, they may be charged with assault with a weapon. An individual may be charged with assault causing bodily harm where they cause physical harm to the complainant or chokes, suffocates or strangles the complainant. The most severe assault charge is aggravated assault. An accused may be charged with aggravated assault where the injuries to the complainant are significant. Specifically, section 268(1) of the Criminal Code states that an individual is guilty of aggravated assault where their assault maims, wounds, disfigures or endangers the life of the complainant.

Assault causing bodily harm, assault with a weapon and aggravated assault are all very serious charges and can lead to serious jail time in some circumstances. Our Firm has experience defending a variety of assault charges and can assist you in formulating the best defence for your charges to ensure you receive the best outcome.

How Does the Crown Prove an Assault Charge in Brampton?

To prove that an accused person is guilty of a simple assault the Crown must prove all elements of the offence as outlined in section 265(1) of the Criminal Code. The Crown must prove that the accused person directly or indirectly applied intentional force to another person without their consent. Alternatively, the Crown may also prove that the accused attempted or threatened, by an act or gesture, to apply force to another person and that that other person reasonably believed he had the present ability to carry out the assault. Essentially, the Crown has to prove that the accused made a legitimate threat to the complainant to carry out an assault and the complainant believed the threat. In a final alternative, the Crown may prove that the accused accosted, impeded or begged another individual while openly wearing or carrying a weapon or an imitation thereof. The Crown must only prove one of these alternatives to secure an assault conviction.

For more serious assault charges such as assault causing bodily harm, assault with a weapon and aggravated assault, the Crown will have to prove an additional element. To gain a conviction for assault causing bodily harm, in addition to proving that the accused intentionally applied force, either directly or indirectly, to the complainant without their consent, the Crown must also prove that the assault caused bodily harm to the complainant, or that the complainant was choked, suffocated, strangled, or their life was endangered.

To secure a conviction for assault with a weapon the Crown must prove that the accused applied force, or threatened to apply force, to the complainant, either directly or indirectly without consent, and that the accused used a weapon in the process. A common example of an assault with a weapon charge in Brampton is an individual hitting or threatening to hit another individual with an object such as a baseball bat or vehicle. In some cases, an individual may be charged with assault with a weapon for striking another person with a seemingly harmless object like a piece of clothing or a pillow. In situations where the accused has only threatened the complainant with the weapon and not actually struck them, the Crown must also prove that the complainant believed on reasonable grounds that the accused had the ability to carry out the assault. This can generally be accomplished through the statements or testimony of the complainant.

Finally, to prove the charge of aggravated assault the Crown must prove that the accused applied force to the complainant, either directly or indirectly, without their consent and that the complainant was wounded, maimed, disfigured or their life was endangered. The main difference between assault causing bodily harm and aggravated assault is the significance of the injuries.

All of these elements must be proven beyond a reasonable doubt and the burden lies solely with the Crown to prove all charges.

Defences to Assault in Brampton

If you have been charged with assault in Brampton the best defence to the charges against you will depend on the circumstances surrounding the case and the severity of the assault. There are generally four defences used to defend a charge of assault in Brampton. They include:

• Consent
• Defence of Person
• Defence of Property
• Reflex Action

Consent

In rare circumstances an accused person will be able to argue that the complainant consented to the assault. The Criminal Code states that an assault occurs when an individual applies force to another individual without their consent. If the complainant did in fact consent to the assault, the accused cannot be convicted. To use this defence successfully the complainant will need to make a statement to police or testify at trial to confirm that they did in fact consent to the assault. This defence is generally only used in cases involving minor assaults. Under Canadian law an individual cannot consent to being seriously injured by another person.

Defence of Person

In Canada we have the legal right to use force to defend ourselves against an attack by another person. An individual who has been charged with assault may argue that they used force to protect themselves against an attack by the complainant. Individuals may only use the amount of force reasonably necessary to stop the attack by the aggressor.

Defence of Property

An individual who has been charged with assault may also use the defence of defence of property. In situations where the accused was in peaceful possession of property, and the complainant refused to leave, the accused may use the amount of force reasonably necessary to expel the other person from their property. This defence can only be used if the accused was in peaceful possession of the property and the complainant was not. To have peaceful possession of property the accused must have a legal right to possess that property.

Reflex Action

Reflex action is a defence rarely used to defend assault charges. This defence may be used by an individual who is charged with assault where the accused struck the complainant in a reflexive action. An example would be if the complainant suddenly startled the accused and the accused reacted by hitting the complainant. To successfully use this defence the accused must demonstrate to the Court that they lacked the necessary intent to be found guilty of assault. Generally, this defence will not be available where significant injuries are sustained by the complainant.

What are the Penalties for an Assault Conviction in Brampton?

Being charged with assault can lead to very serious consequences for those who are convicted. Due to the broad definition of assault, the penalties imposed on those convicted of assault charges may vary significantly. Our Firm can assist you in developing the best strategy based on the facts of your case.

The offence of simple assault is a hybrid offence, giving the Crown considerable discretion regarding the maximum penalty that may be imposed on the accused upon conviction. In less serious cases the Crown will elect to proceed by summary conviction and the maximum penalty that may be imposed on the accused is six months’ imprisonment and/or a $5,000 fine. In more serious cases, the Crown will proceed by indictment and the maximum penalty that may be imposed upon the accused is five years’ imprisonment.

Where the accused is charged with assault causing bodily harm or assault with a weapon and the Crown elects to proceed by summary conviction, the maximum penalty that may be imposed on the accused upon conviction is two years less a day imprisonment and/or a $5,000 fine. In more serious cases, the Crown will proceed by indictment and the maximum penalty that may be imposed upon the accused is ten years’ imprisonment. If an individual is convicted of aggravated assault, they will face a maximum penalty of fourteen years’ imprisonment.

Quick Facts

Can you Drop Assault Charges in Peel?

Generally, no. Once a legitimate allegation of assault has been made and reported to the police, they will almost always lay charges. Once a charge has been laid, it is not possible for the complainant to retract their statement and have the charges withdrawn. Once the matter proceeds to Court, only the Crown attorney can withdrawal the charges. Often, if the complainant is completely unwilling to cooperate and there are no third party witnesses to the assault, the Crown will be left with no choice but to withdrawal the charges

What is the Punishment for Assault in Brampton?

The penalties for those convicted of assault can range significantly due to the broad definition of the word assault. Assault is a hybrid offence which gives the Crown considerable discretion regarding the maximum penalty that may be imposed on the accused. In cases involving serious injuries the Crown will proceed by indictment in which case the maximum penalty that may be imposed by the Court upon conviction is five years’ imprisonment. More commonly, the Crown will proceed summarily and the maximum penalty that can be imposed upon the accused is six months’ imprisonment and/or a $5,000 fine.

What is s. 266 Assault?

Section 266 of the Criminal Code outlines the punishments that may be imposed on an accused convicted of simple assault. The section states that the Crown may elect to proceed by indictment or by summary conviction. Which route the Crown elects will depend on the severity of the accusations, the injuries sustained by the complainant and whether or not the assault was a domestic assault.

Will I go to Jail for Common Assault?

Whether or not an individual will go to jail for common assault will depend on a number of factors. These factors include; the details of the alleged assault, the severity of the injuries, if any, to the complainant, the background of the accused, the criminal history of the accused and any other factors the Court determines to be relevant. An individual with no criminal history who caused minor injuries or no injuries at all will almost never go to jail for common assault. A repeat offender who caused significant injuries to the complainant, however, has a much higher chance of being incarcerated as a result of their common assault charge.

How to Beat an Assault Charge?

The best way to beat any assault charge will depend largely on the facts of the case. In some circumstances the Crown will be unable to prove the identity of the accused or will not have enough evidence to gain a conviction and will agree to drop the charges. In other situations, however, a more robust defence will be required. In some situations, the accused may be able to argue self defence or defence of property.

What if the Victim doesn’t show up to Court?

Prior to attending court for trial, the police will subpoena the victim in an assault case to put them on notice that they must attend court at a certain time and date to testify and advises them that failure to appear is a criminal offence. If, however, even after being subpoenaed, the victim does not attend Court, the Crown is often forced to withdrawal the charges. In many assault cases there are no third party witnesses and no other evidence available for the Crown to present to the Court.

Can an Assault Charge affect my Immigration or Travel to the U.S?

Yes. Being charged or convicted of a criminal offence in Canada can have serious implications on an individual's ability to become a Canadian citizen, as Immigration, Refugees and Citizenship Canada requires applicants to disclose all previous and pending criminal charges. Travel to the U.S. may also be impacted by an assault conviction, as the U.S. reserves the right to deny entry to anyone who has been convicted of a crime of moral turpitude, which includes virtually all criminal offences, including assault.

Is it a Defence if I was Drunk?

Although alcohol is often a factor in many minor assaults, arguing that the defendant was drunk and therefore not responsible for their actions is generally not a viable defence for an assault charge. The Court will often take the position that if an individual willingly becomes intoxicated they are responsible for their actions while in that state.