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.
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.
Frequently Asked Questions
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;
- Where, by their act or gesture, (1) a person’s 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.
Basically, applying physical force or the threat thereof to someone without their consent will likely constitute assault. The “consent” point can cause issues; there are limits on who can give legally effective consent and what they can consent to in Canadian law.
There are many other types of assault in Canada, such as domestic assault (an assault taking place in an “intimate relationship”), sexual assault (see our other postings on the subject for further information), aggravated assault (An assault that wounds, maims, or disfigures its victim, or one that endangers their life), assault causing bodily harm (An assault resulting in any interference with health or comfort that is more than “transitory or trifling), and assault with a weapon (any assault in which the accused carried, used, or threatened to use a weapon). However, all of these charges require one of the requirements of an assault to have been met, along with the presence of something else, both of which must be proven beyond a reasonable doubt.
Jail or Prison time is a serious consideration for assault charges. For a charge of “Assault” alone, the maximum penalty is five years’ imprisonment if the Crown proceeds by indictment. However, this is relatively unusual. Typically, lengthier prison terms are reserved for the more serious charges above. For example, aggravated assault carries a maximum prison sentence of 14 years, while assault causing bodily harm and assault with a weapon each carry a maximum sentence of 10 years.
While prosecutors may often seek jail time for assault charges in Newmarket, these are not the only remedies available. Often, an alternative order may allow the justice system to accomplish its objectives without the same constraints on the liberty of the accused. Having a Newmarket Criminal Lawyer who is well-acquainted with these alternatives is the best way to explore all alternatives in the hope of finding the least restrictive alternative for you.
Judges can issue discretionary weapons prohibitions under Section 110 of the Criminal Code; if a listed offence is involved and an application is made, the judge can, but is not required to, make a weapons prohibition order. These orders can be made if a person is convicted or discharged of:
1. An offence that involves violence; or
2. An offence that involves a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, or explosive substance, and the offender was prohibited from possessing such items at the time of the offence.
In the judge’s view, the order must be “in the interests of the safety of the accused and other members of the public”, and in order to decline to give such an order, the judge must explain their decision.
“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.
In order to explore every viable defence and alternative remedy that could help you avoid the many impacts an assault conviction can have on your future, contact our firm at 416-DEFENCE, or at [email protected], for a consultation and to speak with one of our Newmarket Criminal lawyers.