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

How do Canadian Courts define assault? If you or a loved one faces an assault charge, what is the best way to respond? When might the use of physical force be justified?

The Milton criminal courthouse is located at 491 Steeles Ave E., Milton ON L9T 1Y7. To contact someone regarding Criminal Youth cases at the Ontario Court of Justice call905-878-4165.To contact someone regarding criminal cases heard by the Superior Court of Justice, call 905-878-4165. To contact someone regarding Criminal cases at the Ontario Court of Justice, call 905-878-4165.

Milton Courthouse office hours are generally Monday to Friday, 8:30 am to 5:00 pm. Looking for information about your upcoming court appearance in Milton? Access daily court lists here.

The Halton Police publishes statistics for Halton Hills and Milton. In 2015, there were 438 recorded incidences of assault. In 2016, there were 498 recorded incidences of assault. This indicates there was a 13.7% increase in the number of recorded assaults in Halton Hills and Milton from 2015 to 2016.

The firm has successfully handled a number of assault cases. To learn more about these cases, please click here.

Milton crown prosecutors have a lot of discretion in how it chooses to handle assault charges, from the procedure they use to the specific charges they lay to the punishment they seek. As such, it is important to have an experienced Criminal Lawyer who knows the process and your options well on your side.

If you needed to use physical force in self-defence and assault or similar charges have been lain against you, retaining an Ontario Criminal Lawyer will be particularly important. Arguing that you acted to protect yourself will require you to disclose some information to the prosecution, which is extremely without the full procedural and technical knowledge of a criminal lawyer underlying your decision.

Having a complete understanding of the Elements of the Criminal OffenceYour 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 an Assault?
How to Defend an Assault Charge?
-Consent
-Defence of Person
-Defence of Property
-Reflex Action
What are the Penalties for Assault in Milton?
What is Assault Causing Bodily Harm?
What are the Penalties for Assault Causing Bodily Harm in Milton?
What is Assault with a Weapon?
What are the Penalties for Assault with a Weapon in Milton?
What is Sexual Assault?
What are the Penalties for Sexual Assault in Milton?
What is Domestic Assault?
What are the Penalties for Domestic Assault in Milton?

Additional Resources

Assault
Assaulting a Peace Officer
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening

What is Assault?

The term assault can be used to describe a wide variety of interactions. On one end of the spectrum are scenarios where one individual threatens to assault another individual, and on the other end of the spectrum are scenarios where an individual physically attacks another individual. Assault is a specific intent offence, meaning the accused must have intended to assault the victim to be guilty of the offence.

As outlined in section 265(1) of the Criminal Code, an individual is guilty of the offence of 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.

How to Defend an Assault Charge?

The best defence for any criminal charge will depend largely on the facts of the case and the evidence in the possession of the Crown. In Milton, there are four defences that may be used against an assault charge. These defences include; consent, defence of person, defence of property and reflex action.

Consent

In some circumstances, an individual who is charged with assault may argue that the complainant consented to the assault. This defence is commonly used in situations where two individuals engaged in a consensual, physical fight. If both parties agreed to fight, the accused may argue that the complainant consented and thus no assault occurred. It is important to note that an individual cannot consent to bodily harm. This means that if the accused causes bodily harm to the complainant as a result of engaging in a consensual fight, the accused will be guilty of assault.

Defence of Person

Under Canadian law, individuals have the right to use force to defend themselves or another person if they are being attacked by another individual. A person may only use the amount of force that is reasonably necessary to stop the attack. The Court will not accept the defence of person defence from an individual who uses excessive force.

Defence of Property

An individual who is in peaceful possession of property may use only the force reasonably necessary to expel a trespasser from their property. To be in the peaceful possession of property, an individual must have a legal right to possess the property.

Reflex Action

In rare cases, an individual who is charged with assault may be able to argue that the assault was the result of a reflex action. Since assault is a specific intent offence, an accused person may be able to prove that they lacked the necessary intent because they did not intentionally hit the complainant.

What are the Penalties for Assault in Milton?

Due to the wide array of interactions that may be considered a criminal assault, there are also a wide range of possible penalties that may be imposed on an individual who is convicted of assault. Assault is a hybrid offence which means the Crown has discretion regarding the maximum penalty that may be imposed on the accused if they are convicted. In more serious cases, the Crown will proceed by indictment. In these cases, the maximum penalty will be five years’ imprisonment. In more minor cases, the Crown will proceed summarily, and the accused will face a maximum of two years less a day imprisonment a $5,000 fine, or both.

What is Assault Causing Bodily Harm?

Assault causing bodily harm is a more serious version of simple assault. A person will be guilty of assault causing bodily harm when they assault another individual and cause physical injury to that individual, or choke, strangle or smother the individual. Assault causing bodily harm is considered a very serious violent offence in Milton.

What are the Penalties for Assault Causing Bodily Harm in Milton?

Due to the serious nature of the offence, Crowns prosecute assault causing bodily harm offences aggressively in Milton. Assault causing bodily harm is a hybrid offence. This gives the Crown considerable discretion regarding the maximum penalty that may be imposed if the accused is convicted. In less serious cases, the Crown will proceed summarily and the maximum penalty the accused will face is eighteen months’ imprisonment, a $5,000 fine, or both. In more serious cases, the Crown will proceed by indictment and the maximum penalty the accused will face is ten years’ imprisonment. When sentencing the accused, the Court will weigh all aggravating and mitigating factors in the case.

What is Assault with a Weapon?

An individual is guilty of assault with a weapon where they assault another individual and a weapon is involved. The accused need not have actually struck the complainant with a weapon to be guilty of this offence. An individual may be guilty even where they do not make physical contact with the complainant. An individual who assaults another individual while holding a weapon or threatens to assault another individual with a weapon will also be guilty of this offence.

What are the Penalties for Assault with a Weapon in Milton?

Assault with a weapon is considered a very serious and violent crime in Milton and is prosecuted aggressively. Assault with a weapon is considered a hybrid offence, meaning the Crown has discretion regarding the maximum penalty the accused will face if they are convicted. In more serious cases, the Crown will proceed by indictment and the accused will face a maximum of ten years’ imprisonment. In less serious cases, the Crown will proceed summarily and the maximum penalty the accused will face upon conviction is eighteen months’ imprisonment, a $5,000 fine, or both.

What is Sexual Assault?

An individual is guilty of sexual assault when they apply force to another person, either directly or indirectly, without the other persons consent and where the contact violates the sexual integrity of the other person. Sexual assault is one of the most serious offences an individual can be charged with in Canada.

What are the Penalties for Sexual Assault in Milton?

Sexual assaults are prosecuted vigorously by Crown attorneys in Milton and across Ontario. Sexual assault is a hybrid offence meaning the Crown determines the maximum penalty that may be imposed on the accused if they are convicted.

In more minor cases of sexual assault, the Crown will proceed summarily, and the accused will face a maximum penalty of eighteen months’ imprisonment, a $5,000 fine, or both where the complainant is over the age of eighteen. Where the complainant is under the age of sixteen, the accused will face a maximum of two years less a day imprisonment and a mandatory minimum of six months’ imprisonment.

In more serious cases, the Crown will proceed by indictment and the maximum penalty the accused will face is ten years’ imprisonment where the complainant was over the age of eighteen at the time of the alleged assault. If the complainant was under the age of sixteen at the time of the alleged assault, the maximum penalty will be fourteen years’ imprisonment and a mandatory minimum of one-year imprisonment.

The Court will weigh the facts of the case along with all aggravating and mitigating factors to determine the proper sentence for the accused.

What is Domestic Assault?

In Canadian law, there is no separate offence for domestic assault. An individual who assaults their domestic partner will be charged with assault under section 266 of the Criminal Code. While there is no separate offence, the Court will view the fact that the assault occurred in an intimate relationship as an aggravating factor in the case. Crown attorneys across Ontario follow specialized procedures regarding how to prosecute cases of domestic assault and often advocate for harsher sentences for those who are convicted.

What are the Penalties for Domestic Assault in Milton?

Domestic assault is considered a very serious offence in Milton. Assault is a hybrid offence. This gives the Crown considerable discretion regarding the maximum penalty that may be imposed on the accused. In cases involving serious domestic assaults, the Crown will elect to proceed by indictment. In these scenarios the accused will face a maximum of five years’ imprisonment. In cases involving more minor domestic assaults, the accused will face a maximum of two years less a day imprisonment and/or a $5,000 fine.

If you have been charged with an assault related offence in Milton our Firm can assist you in navigating the criminal justice system and attaining the best outcome in your case. We regularly defend individuals who have been charged with simple assault, domestic assault, assault with a weapon, assault causing bodily harm and sexual assault, and regularly obtain favourable results for our clients.

If you live in Milton and have been charged with assault or any other criminal offence in Canada, contact our firm at 416-DEFENCE, or at [email protected], for a consultation and to speak with one of our lawyers.

416-DEFENCE | 416-333-3623