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

There are many different forms of assault in Canadian law. While the details may vary, and some are undoubtedly more dangerous than others, being charged with any of them represents a serious risk to your freedom and your prospects in the future. As such, it is important to know what they involve, and if you are charged with any of them, to have a Newmarket criminal lawyer on your side.

In 2022, Donich Law represented an accused charged with assault, assault with a weapon and uttering death threats in R. v. Y.W. [2022]. The accused was arrested after his domestic partner alleged he had assaulted her and threatened her with a kitchen knife during an argument. The Firm negotiated with the Crown for several months to demonstrate that the accused had addressed the underlying issues that led to his alleged offences. Ultimately, the Firm secured a withdrawal of all charges.

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 2021, the Firm successfully represented a client charged with assault with a weapon, 2 counts of assault, uttering death threats and forcible confinement in R. v. B.W. [2021]. After two years of litigation the Firm successfully advanced a self-defence argument at trial, pointing out material inconsistences in the complainant’s version of events.

In 2021, the Firm defended an individual charged with assault and assault with a weapon in R. v. J.D. [2021]. The accused was alleged to have brandished a knife and pushed his partner during an argument. The Firm resolved the matter without a criminal record for the accused by securing the withdrawal of both charges.

In 2021, the Firm successfully defended an accused charged with indecent communications, false information and criminal harassment in R. v. B.K. [2021]. The client in that case was alleged to have used a fake Instagram account to send messages to a mutual friend of his ex-partner, indicating that his ex-partner wished to engage in sex acts with the mutual friend. The mutual friend alerted the complainant who reported the matter to police. Law enforcement used the accused’s IP address to link him to the messages. The Firm negotiated the matter for more than one year, exploiting weaknesses in the Crown’s case and ultimately resolving the matter without a criminal record.

In 2021, the Firm successfully defended an individual charged with domestic assault in R. v. A.R. [2021]. The accused was alleged to have slapped his partner in the face during an argument about their young child. The complainant retained independent legal counsel to assist her in getting the no contact order put in place by the court removed. After presenting a unified defence with the complainant’s independent counsel, the Firm secured the withdrawal of the charge.

The Firm is regularly consulted by the media and has been featured on CTV National News. We have defended several high-profile cases including securing the Judicial Interim Release of an accused person who was charged with accessory to murder in R v. T.M. [2014]. The case received substantial media coverage and was featured on Global News.

In 2020, the Firm defended an individual charged with choking, assault causing bodily harm and assault in R. v. A.M. [2020]. The accused was charged after allegedly choking and striking his domestic partner in the face several times. The Firm was able to resolve the matter without a criminal record for the accused by way of a peace bond.

In 2015, the Firm secured the withdrawal of an assault charge laid against the President of the Martial Arts Team competing in the Pan Am Games in R. v. J.F. [2015]. In April of 2016, the Firm resolved an assault causing bodily harm charge, without a criminal record, where the accused fractured the zygomatic bone of the complainant. After three years of litigation the Firm was able to prove that the complainant had sexually harassed the accused’s girlfriend prior to the altercation.

Our Firm also handles a number of high-profile sexual assault charges in the GTA, including historical sexual assault charges. In 2014, the Firm defended a historical sexual assault and rape charge, stemming from an incident that occurred nearly forty years prior in R. v. M.M.  [2014]. In R. v. W.C. [2015], the Firm also defended a historical incest charge stemming from an incident that allegedly occurred in the 1980’s.

In 2016, the Firm defended a high-profile case involving a same-sex couple charged with domestic assault in R. v. M.R. [2016]. The pair had engaged in a mutual fight that caused significant injuries to both parties. The Firm also secured the withdrawal of an assault with a weapon charge in R v. P.T. [2014] after an accused pulled a butcher knife on his same sex partner.

In R. v. W.V. [2017], the firm secured a withdrawal for a client who was charged with assault with a weapon after throwing a pizza at her boyfriend, causing lacerations. In R. v. Z.C. [2019], the Firm resolved an assault causing bodily harm allegation without a criminal record.

The Newmarket criminal courthouse is located at 50 Eagle St. W., Newmarket ON L3Y 6B1. To contact someone about a Criminal Youth charge through the Ontario Court of Justice, call 905-853-4801. To contact someone about a Criminal charge through the Superior Court of Justice, call 905-853-4801.

Finally, to contact someone about a Criminal charge through the Ontario Court of Justice, call 905-853-4801. The Crown Attorney for Newmarket can be called at 905-853-4800 or by fax at 905-853-4849. Ontario Victim Services for Newmarket can be reached by telephone at 905-853-4818 or by fax at 905-853-4883. As well, the Newmarket courthouse generally holds office hours from Monday to Friday 8:30 am to 5:00 pm.

In 2016, there were 399 reported incidences of assault in Newmarket. In 2017, this number increased to 470 reported incidences of assault. From 2016 to 2017, there was a 17.8% increase in the number of assaults in Newmarket. Looking for information about your upcoming court appearance? Access daily court lists here.

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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CBC Radio: Interview with Mayor John Tory and Jordan Donich on CBC Radio.

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Frequently Asked Questions

What is an Assault?
What are the Penalties for Assault in Newmarket?
What is Assault with a Weapon?
What are the Penalties for Assault with a Weapon in Newmarket?
What is Assault Causing Bodily Harm?
What are the Penalties for Assault Causing Bodily Harm in Newmarket?
What is Aggravated Assault?
What are the Penalties for Aggravated Assault?
What is Sexual Assault?
What are the Penalties for Sexual Assault in Newmarket?
What is Domestic Assault?
What are the Penalties for Domestic Assault in Newmarket?
What is Undertaking & Recognizance?
What are Non-Communication Orders?

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?

Section 265(1) of the Criminal Code outlines the offence of assault. 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.

An individual need only fulfill one of these scenarios to be guilty of assault. Further, assault is a specific intent offence. This means that the accused must have intended to commit the assault to be guilty.

What are the Penalties for Assault in Newmarket?

Due to the broad description of the offence of assault provided in the Criminal Code, a wide variety of interactions could be considered a criminal assault. On one end of the spectrum, an individual who threatens to strike another individual and has the present ability to carry out the assault will be guilty of this offence. On the other end of the spectrum, an individual who violently strikes another individual will also be guilty of assault.

As a result of this broad spectrum, the penalties available to the Court also range significantly. In cases involving minor assaults, the maximum penalty the accused will face is two years less a day imprisonment, a $5,000 fine, or both. In cases involving more serious assaults, the accused will face a maximum of five years’ imprisonment. When determining the proper sentence for an individual who has been convicted, the Court will weigh all aggravating and mitigating factors in the case.

What is Assault with a Weapon?

The Criminal Code states that an individual is guilty of assault with a weapon where they use a weapon while committing an assault. An individual need not actually strike another individual with a weapon to be guilty of this offence. An individual who assaults another individual while holding a weapon is guilty of assault with a weapon. Similarly, an individual who threatens another individual with a weapon may be found guilty of assault with a weapon.

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

Assault with a weapon is considered a very serious violent crime in Newmarket. It is a hybrid offence which means the Crown may determine the maximum penalty based on the severity of the alleged assault. In more serious cases, the Crown will proceed by indictment and the maximum penalty the accused will face is ten years’ imprisonment if they are convicted. In less serious cases, the Crown will proceed summarily and the maximum penalty the accused will face is two years less a day imprisonment, a $5,000 fine, or both. Various other factors will be considered by the Court in determining the most just sentence, including the history of the accused, the facts of the case and any aggravating or mitigating factors.

What is Assault Causing Bodily Harm?

An individual is guilty of assault causing bodily harm when they assault another individual and cause physical injury, or where they choke, strangle or smother another individual. Assault causing bodily harm is considered a serious violent crime in Newmarket.

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

Assault causing bodily harm is a hybrid offence. This means that the Crown has discretion to determine the maximum penalty available for the Court to impose if the accused is convicted. The Crown will make their election on how to proceed based on the severity of the alleged assault. In less serious cases, the Crown will proceed summarily and the maximum penalty the accused will face is two years less a day 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. The Court will weigh all relevant aggravating and mitigating factors in the case to determine the best sentence for the accused.

What is Aggravated Assault?

Aggravated assault is considered the most serious of all assault offences. An individual is guilty of aggravated assault when they assault another individual and cause serious injuries to the complainant including maiming, disfiguring, wounding or endangering the life of the complainant.

What are the Penalties for Aggravated Assault?

Due to the serious nature of an aggravated assault charge, the penalties associated with a conviction will be equally serious. Aggravated assault is a straight indictable offence. If convicted, an accused will face a maximum of fourteen years’ imprisonment, the longest maximum penalty for any assault offence.

What is Sexual Assault?

The Criminal Code states that an individual is guilty of sexual assault where they apply force to another individual, either directly or indirectly, without the individual’s consent, and where the physical force violates the complainant’s sexual integrity.

What are the Penalties for Sexual Assault in Newmarket?

Sexual assault is considered one of the most serious criminal offences an individual can be charged with in Canada. Crown’s in Newmarket and across Ontario prosecute sexual assault cases aggressively and regularly advocate for periods of incarceration for those who are convicted.

Sexual assault is a hybrid offence. This means that the Crown will have discretion regarding the maximum penalty that may be imposed on the accused if they are convicted. In cases involving minor sexual assaults, the Crown will proceed summarily, and the accused will face a maximum of two years less a day imprisonment and/or a $5,000 fine where the complainant was over the age of eighteen at the time of the alleged assault. Where the complainant was under the age of sixteen at the time of the alleged assault, 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 accused will face a maximum of ten years’ imprisonment in situations where the complainant was over the age of eighteen at the time of the alleged assault. Where the complainant was under the age of sixteen at the time of the alleged assault, the accused will face a maximum of fourteen years’ imprisonment and a mandatory minimum of one-year imprisonment.

What is Domestic Assault?

An individual who assaults their intimate domestic partner will be charged with assault under section 266 of the Criminal Code. In Canada, there is no separate offence for domestic assault. The Crown and the Court will view the fact that the assault occurred in a domestic relationship as an aggravating factor in the case. This can lead to more aggressive prosecution from the Crown and harsher sentences upon conviction.

What are the Penalties for Domestic Assault in Newmarket?

Domestic assault is considered a public safety issue in Newmarket and other parts of Ontario. As a result, cases involving domestic assault are aggressively prosecuted by the Crown’s office. Those convicted of domestic assault are often sentenced more harshly than those convicted of assaults occurring outside of an intimate relationship.

In less serious cases, the Crown will proceed summarily and the maximum penalty the accused will face if they are convicted 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 the accused will face is five years’ imprisonment.

If you have been charged with an assault related offence in Newmarket, our Firm can assist you in developing the best defence for your case. We have experience defending individuals charged with assault, domestic assault, sexual assault, assault with a weapon and assault causing bodily harm and consistently obtain positive results for our clients.

Undertaking & Recognizance” are essentially the terms of your bail, limiting your freedom while you are released pending trial. Once these are in place, acting contrary to them is a criminal offence.

To be convicted of this offence, also known as “failure to comply”, there are three conditions:

1. A person must be at large on an undertaking or recognizance given to or entered into before a justice or judge;

2. He or she must be must be bound to comply with a condition of that undertaking or recognizance; and,

3. He or she must fail, without lawful excuse to comply with the condition.

For example, a police officer finding you in a bar with a pint in your hand while required not to consume alcohol could result in being charged with the offence “failure to comply with condition of undertaking or recognizance” under Section 145(3) of the Criminal Code.

Non-Communication Orders are orders that judges can make during sentencing that prohibit defendants from communicating with a named individual.

Under section 743.21, the sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

These orders are meant to prohibit convicted individuals from communicating in any manner with victims, witnesses or any other person listed in the order while in custody.

Quick Facts

What is s. 266 Assault?

Section 266 is the section of the Criminal Code that outlines the penalties for the offence of simple assault. An individual is guilty of assault when they apply force to another person, either directly or indirectly without consent, threatens to apply force to another individual without consent, or accosts, impedes or begs another person while openly carrying a weapon or imitation weapon.

Can I go to Jail for Assault?

In some cases, yes. The maximum penalty for those convicted of assault can range from two years less a day to five years, depending on the severity of the allegations being made. Whether or not an individual will be sentenced to prison will depend on various other factors including the accused’s criminal history and any other aggravating or mitigating factors present in the case.

How to Beat an Assault Charge?

Whether or not an accused will be able to resolve their assault case without a criminal record will depend on a number of factors which may differ from case to case. The Court will look at the severity of the allegations, the criminal history of the accused, the circumstances in which the accused committed the assault and any other factors presented to the Court by the Crown and the defence.

Will I still be Convicted if the Complainant Does not Attend Court?

In many cases, if the complainant does not attend court and is not willing to participate in the court process, the charges may be withdrawn. This, however, is not always the case. Depending on the circumstances and the severity of the allegations the Crown may be reluctant to withdrawal the charges even where the complainant is not willing to participate.

Can I use the Defence of Intoxication if I was Drunk?

Using intoxication as a defence can be difficult. In some situations, an accused may argue that they could not have formed the necessary intent to be guilty of assault because they were so intoxicated that they were not in control of their actions. The Courts, however, are generally reluctant to accept intoxication as a defence, especially where the accused became intoxicated voluntarily.

Can an Assault Conviction Affect Other Aspects of my Life?

Yes. Having a criminal record for any offence in Canada can affect other aspects of an individual's life. Those with an assault conviction on their record may have difficulty attaining employment and may be unable to work with certain vulnerable groups of people including children and the elderly. Having a criminal record for assault may also affect an individual's ability to travel outside of Canada.