Here is the lowdown on Assault from an expert Toronto assault lawyer:
I defend assault charges across Ontario regularly. I am skilled at achieving reduced, resolved, or dropped charges.
Assault in Ontario includes a range of actions: from minor physical contact, to serious attacks causing bodily harm or involving weapons.
Assault occurs when someone intentionally applies force or attempts to apply force to another person without their consent. Even contact that may seem minor, such as a push or slap, can qualify as assault.
For most of my clients, a non-domestic assault charge that is a first or second offence can usually be resolved without a criminal record.
Types of Assault Charges
- Simple assault typically involves minor physical contact or injury (including spitting!) and can result in a diversion, a withdrawal, peace bond, or conditional discharges. I may want you to do some volunteering or counselling to show the court you are taking responsibility for your actions ("upfront work"). The full provisions are in the Criminal Code of Canada.
- Assault with a weapon involves any object capable of causing injury and is often treated more harshly. That said, even a minor assault can still technically be "with a weapon." You could throw a shoe at someone and it can be called assault with a weapon (I have seen this happen). See also our weapons and firearms page.
- Assault causing bodily harm and aggravated assault means more serious injuries and bigger penalties, possibly jail. The key is to show it wasn't as bad as it seems. For example, we may want to argue it was self-defence, or not clearly caused by the accused, to lower the chance of a harsh sentence. If a death has resulted, charges may be elevated to manslaughter.
Domestic and Intimate Partner Violence: A Special Note
Domestic and intimate partner violence (IPV) cases add additional legal complexity to my job as a Toronto assault lawyer. For an in-depth analysis, see my blog post on domestic violence defence. The Department of Justice Canada publishes resources on family violence.
Courts consider prior history of abuse, coercive control, and ongoing risk to the victim when determining bail, charges, and sentencing.
Protection orders, restraining orders, and probation conditions are commonly imposed in domestic assault cases.
Why? Well, the Crown kind of treats domestic assault more seriously these days because, in the past, it wasn't punished harshly enough.
Two wrongs don't make a right, but prosecutors are just following instructions from higher-ups. That's why getting a resolution, or a guilty plea without a criminal record, can be trickier in domestic violence cases.
And that's why, if you are accused of domestic violence, you need a solid Toronto assault lawyer operating throughout the GTA to help you navigate the process. Contact me for a free consultation.
How Assault Cases Are Resolved
Assault cases in Ontario are resolved in different ways depending on the severity and evidence. Different assault lawyers all have different methods, but I like to focus on "upfront work."
Upfront work
As a Toronto and Woodbridge assault lawyer, I always like to get my clients to do upfront work where I think it will make the Crown change their mind. If you get volunteering, go into counselling, and get a job, the Crown is more likely to think "hey, this person actually is getting their $#!% together" and then they become scared.
Why does the Crown become scared when you do upfront work?
Well, they know if you are convicted at trial, that means they have to go to sentencing. And at sentencing, a judge is more likely to impose a lenient sentence if you have shown responsibility for your actions. A more lenient sentence looks bad for the Crown.
Why does this look bad for the Crown?
Because sending someone who is clearly apologetic for their actions to trial is a waste of court resources. Crowns work for the government. While they are very skilled lawyers, they ultimately are kind of like politicians.
The optics of pushing a fully rehabilitated offender to trial can look wasteful. So this sort of wasteful behaviour by the Crown can harm their image to judges.
Therefore, the Crown will often agree for first-time or minor assaults to resolve without a criminal record or probation.
Time is Short
Also: the Crown has limited time. They can't run a trial for every case. In fact, the Crown is so backlogged with cases, they frequently decide to settle at the last minute when they realize they don't have time to run a trial.
If the chances of conviction are high but the chances of a lenient sentence are also high, the Crown will often jump the gun.
In other words, they might just offer us a lenient plea deal with a reasonable sentence so that they can free up their schedule for the cases that really matter. But exercising this leverage takes time, patience, and a good Toronto assault lawyer and Assault Lawyer Woodbridge.
Aggravating & Mitigating Factors and Sentencing Considerations
Certain circumstances increase the seriousness of an assault charge.
Bodily harm, use of weapons, repeated domestic violence, and assaults on vulnerable individuals are all aggravating.
Courts weigh these factors heavily when deciding sentencing, and understanding how they affect your case is essential for effective defence planning.
Mitigating factors include an early guilty plea, upfront work like counselling, volunteering, and working a job, among others.
An experienced Woodbridge assault lawyer can help mitigate these factors wherever possible and guide you through the process.
Why You Need a Toronto Assault Lawyer
Facing assault charges in Toronto, Woodbridge, Vaughan, Brampton, or wherever you are in the GTA can have long-term consequences. A skilled criminal lawyer can protect your rights at every stage, and potentially resolve your matter without a criminal record.
Legal guidance is particularly crucial in domestic assault cases, where courts often impose stricter measures. Acting early can make a significant difference in the outcome of your case.
