Assault Defence Lawyers in Brampton

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Our office has expertise handling any 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.

Donich Law has been trusted to handle a number of high-profile criminal charges throughout the Toronto region, and the media often reaches out to our firm for consultations. In R v T.M. [2014], covered thoroughly on Global News, we secured Interim Release for an alleged Accessory to Murder two days before Christmas.

Our criminal law team ensured the 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.

Frequently Asked Questions

What is an Assault?
What is Assault with a Weapon?
What is Assault Causing Bodily Harm?
What is Sexual Assault?
What is Domestic Assault?

Assault

Assault is defined in section 265(1) of the Criminal Code to include three scenarios:

  • When a person intentionally applies force to another person, either directly or indirectly, without their consent.
  • An act or gesture will constitute an assault if (1) a person uses such an act or gesture to attempt or threaten to apply force to another person and (2) if this causes the other person to believe on reasonable grounds that the alleged attacker has the present ability to effect his purpose; or,
  • When a person accosts or impedes another person or begs, while openly wearing or carrying a weapon or an imitation thereof.

Other forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault, are derived from this provision.

If you did not intend for your actions to meet the definition above, or if the complainant consented, you cannot be convicted of assault. But this bar is not absolute; Canadian law places limits on peoples’ power to consent to certain acts, including assaults which may cause “serious hurt or non-trivial bodily harm.”

In light of the broad definition of assault above, penalties for an assault conviction can vary depending on the specific circumstances of the offence, the offender, and the complainant, or the presence of “aggravating” or “mitigating” factors, which result in greater and lesser penalties, respectively.

In serious cases, the Crown may proceed by indictment under section 267, which can result in penalties of up to five years imprisonment.

Assault with a Weapon

The Criminal Code in Section 266 states that the penalty for a conviction of assault can be up to five years imprisonment if the Crown proceeds by indictment.

As the name suggests, a conviction for Assault with a weapon is an assault in which the accused carried, used, or threatened to use a weapon or imitation of a weapon during the commission of the offence.

As with assaults generally, penalties for Assault with a Weapon vary widely depending on the circumstances, but tend to be higher than for Assault. Assault with a Weapon can result in a penalty of up to ten years imprisonment under section 267.

We secured a withdrawal of an Assault with a Weapon charge in R v P.L [2015], where a City of Toronto employee was alleged to have thrown a key at his spouse. In R. v. M.M. [2015], the Firm secured a withdrawal of Assault with a Weapon against a Toronto Paralegal.

Assault Causing Bodily Harm

The Threshold for “Bodily Harm” in Canadian law is low; any interference with health or comfort that is more than “transitory or trifling” can constitute bodily harm. Any assault that results in harm meeting this threshold can constitute an Assault Causing Bodily Harm.

Penalties for Assault Causing Bodily Harm vary depending on the circumstances, but as with Assault with a Weapon, can range up to ten years’ imprisonment.

The Firm resolved an allegation of Assault Causing Bodily Harm without a criminal record in R. v. R.S. [2016]. The accused allegedly punched the victim in the face, breaking his zygomatic bone, and requiring reconstructive surgeries. After nearly three years, it was revealed the victim sexually harassed the accused’s girlfriend prior to the confrontation.

The Firm secured a withdrawal in R. v. A.Y. [2014] for Assault Causing Bodily Harm, because we secured an evidentiary ruling that prevented the Crown from proving the offence.

Aggravated Assaults occur when the accused commits an assault, and in the process, wounds, maims, disfigures or endangers the life of the complainant. Penalties can range up to fourteen years’ imprisonment.

The Criminal Code sets out in Section 267 the provision for Assault Causing Bodily Harm. The Criminal Code describes in Section 268 when an aggravated assault occurs. These penalties can vary based on the specific circumstances of the offence, the presence of aggravating or mitigating factors, and the characteristics of the offender and the complainant.

Sexual Assault

Our experience in the area has earned us prominent consultations in the Toronto area media for a variety of high profile sexual offences. For more information, see our page summarizing sexual assault law and our experience in the area. We also handle a wide range of sexual offences, including Sexual InterferenceSexual ExploitationInternet LuringChild PornographyVoyeurism.

The Criminal Codeoutlines three different types of sexual assault charges. The charges are: s. 271 Sexual Assault, s. 272 Sexual Assault with a Weapon, Threats to a Third Party or causing bodily harm and s. 273 Aggravated Sexual Assault.

The Firm secured a withdrawal of an allegation of Sexual Assault against a Jehovah Witness in R. v. R.K. [2014]. We have defended a range of sexual assault allegations, specifically dated allegations of sexual assault and incest as far back as 1977. In our R. v. M.M. [2014], we defended an accused charged with Rape and Sexual Assault from nearly 40 years ago. In R. v. W.C. [2015], we defended a dated allegation of incest from the complainant’s father dating back to the 1980s.

In November, 2016, the Firm secured a withdrawal of nine Sex Offences against a Toronto TTC Driver Charged with Nine (9) Sex Crimes, including Luring.  In R. v. D.N. [2016], after a 3 day trial, the Firm secured a full acquittal on all counts of Sexual Assault, Sexual Interference and Invitation to Sexual Touching where the accused was alleged to have sexually assaulted a 10 year old child a decade ago.

Domestic Assault

Legally, domestic assaults are any assaults that occur in the context of an “intimate relationship” (“assault” is defined in Assault, near the top of this page), and are defined in section 265 of the Criminal Code. It is a subset of assault, one that society and the criminal justice takes particularly seriously, embodied in the Crown Policy Manual’s statement that they will prosecute domestic abuse “with vigour”.

Disputes between spouses or cohabitants can escalate into allegations of domestic assaults quickly and without warning. Ontario Crowns maintain the policy of bringing charges regardless of whether the alleged victims want to or not, seeing this as in the public’s interest in fighting a matter of public concern. If the police are uncertain of which party is the aggressor, they may charge both partners. However, this policy can occasionally escalate disputes that are not well-suited to resolution through the criminal law.

One does not need to be married to be charged with domestic assault, and relationships of varied duration and formality can result in convictions for domestic assault, including current or former dating partners, common law spouses, or married couples.

If one partner calls the police to defuse a situation that risks escalating, the police may lay charges despite neither partner intending for them to be pursued, leaving the partners unable to communicate legally or reconcile. In these cases, even resuming communication with your partner can be a challenge, and Donich PC aims to bring about the resumption of legal communication quickly and cost-effectively.

In some GTA jurisdictions, some domestic violence issues that have both family and criminal dimensions will be addressed in part in the Integrated Domestic Violence Court; however, this service is not yet available in Brampton.

Criminal Harassment allegations can also arise during the breakdown of relationships, and Donich Law maintains a practice dedicated to defending these charges.

The same penalties apply to Domestic Assault as to Assault; up to five years’ imprisonment if the Crown proceeds by indictment, although they tend to fall further towards the strict end of the spectrum.

Domestic Assaults offer their own particular set of complications, as they arise between members of the same household. They almost always result in the police holding an individual charged with domestic assault overnight, with a bail hearing to be held the next morning. Frequently involved in this bailing hearing is a requirement that the accused not contact the complainant, which can create enormous burdens in a domestic context.

We secured a withdrawal of assault allegations against an Investors Group Employee in its R. v. C.L. [2014] and a CIBC Employee charged with Domestic Assault in R. v. E.T. [2014].

Domestic assault charges can be brought against people of any gender or orientation. Donich PC has experience handling domestic assault cases that defy stereotype, as in both R v P.S. [2016] and R. v R.S. [2015], a pair of women charged with assault for throwing keys at male spouses. We have experience handling alleged domestic assault between same-sex couple, securing a withdrawal of assault charges in R. v M.R, a full withdrawal of harassment charges in R. v R.S., and assault with a weapon in R. v P.T.

416-DEFENCE | 416-333-3623

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