The most regularly charged criminal behavior in Canada is undoubtedly Common Assault. Although it is a petty assault in the opinion of the law, the consequences after conviction can be life-altering. Criminal records for life, imprisonment: one should never take the legal consequences of this charge lightly. Knowing full well just how these charges of Common Assault are laid and how it is prosecuted under the Canadian Criminal Code is very important for any individual who is either facing charges or wants to arm himself or herself with knowledge about their rights under the law.
This blog will examine the elements of common assault, its differences from other forms of assault, the evidence the Crown must prove, available defenses, and the punishment that may be imposed upon conviction.
What Is Common Assault?
Hello I am Sukhvir Singh Criminal Defence Lawyer in Brampton, according to my practice Common assault under section 265(1) of the Canadian Criminal Code is when a person without the consent of the other person:
- applies force willfully on another human being either directly or indirectly;
- threats, by an act or a gesture, to employ force against another individual, if they are capable of doing so;
- discourages or prevents or impedes another person from openly carrying a firearm or a replica firearm.
How common assault is “common” is that it does not entail aggravating factors such as weapons, actual bodily harm, or sexual factors. It generally encompasses minor bodily conflicts—pushing, slapping, or gestural threatening with words—without reaching serious harm. But even such low-level acts can result in charges of common assault, which have serious legal ramifications.
Units of the Offence
To acquire a conviction, all that must be established beyond any reasonable doubt is a demonstration that the accused did use force, threaten to use force, or attempt to use force.
- The act was not done unintentionally (intentionally);
- No consent on the part of the alleged victim;
- In the threat case, the defendant also possessed the clear ability to carry them out.
It should be kept in mind that harm is not necessary physically in establishing guilt. Common assault can be established even if the complainant was not physically injured, as long as there was a reasonable fear of violence.
Charges of Common Assault: What to Expect
Bail or detention occurs after the arrest of a common assault accused, and then a bail hearing is held. An offence upon conviction is a hybrid offence, such that the prosecution can proceed summarily (for less serious cases) or by indictment (more serious cases), depending on the circumstances of that case.
Fines can be:
- A term of up to 6 months’ imprisonment and/or a $5,000 fine where the Crown is prosecuting summarily;
- A maximum five-year imprisonment sentence will follow if the Crown proceeds with an indictment.
Criminal records can hinder or help your employment, grant or refuse your immigration status, or affect your ability to travel. Probation conditions may consist of no-contact orders, counseling, or community service.
The Crown’s choice of what to do is generally a function of the facts of the case, whether there are antecedent offences, and the degree of harm or aggression established.
The Legal Framework and Common Assault Crimes Act
Though colloquially, they all speak of a “common assault crimes act,” there is no such law. The law on common assault would be found in Part VIII – Offences Against the Person and Reputation of the Criminal Code of Canada, specifically in sections 265 to 268.
The definition of assault is to be found in Section 265(1) and provides a punishment for assault in Section 266. Other sections that are equally related are aggravated assault, assault causing bodily harm, and assault with an instrument. It is worth distinguishing these classifications because common assault crime act interpretations vary in jurisdictions, particularly procedural treatment by provincial courts.
Legal advice is necessary at this juncture in time because the nuances in each of the common assault crimes act charges typically determine the long-term impact of a case.
Possible Defenses to Common Assault
An accusation of common assault is not a guarantee that you have committed the offence. There are a plethora of legal defenses your seasoned criminal defense attorney can raise, based on the facts:
1. Self-Defense: Under section 34 of the Criminal Code, a person is entitled to defend himself or another person against force or threat of force, if the response in the circumstances was reasonable.
2. Consent: In some situations—e.g., sport or mutual scrapes—implied or express consent to contact of the body may be present. Unless the Crown can prove a lack of consent, the offence will probably fail.
3. Accident: If the act was not intended and not reckless but was merely accidental, it fails the criminal element of conviction.
4. Identity or False Accusation: There could be situations where the accused was wrongfully identified or accused, especially where there is no evidence to support them.
The facts of each case can lead to different conclusions about the best strategy to be adopted.
Why Legal Representation Matters
Other symptoms are present in anxiety disorder-related exacerbations. The law is complicated and can be daunting. Having a defense solicitor to represent you will assist:
- Challenge the admissibility of the evidence;
- Negotiate for the Crown for lower charges or diversion;
- Post bail or better conditions of release;
- Represent you in a trial or plea bargaining.
Moreover, an experienced lawyer can help see that the common assault crimes act provisions are properly interpreted and used in your favor.
Escaping the Long-Term Consequences
The majority of individuals accused of common assault are not aware that a minor conviction may have lasting impacts:
- Employment: Most employers do criminal background checks.
- Travel restrictions: Especially to the U.S., as it can deny entry depending on a criminal background check;
- Family Law Issues or Custody: A criminal case may impact family court cases.
- Reputation: Criminal conviction public records may impact personal and professional life.
For this reason, one needs to take these charges of common assault seriously and seek an expert who knows the law to protect his or her interests and future.
Even “Lesser” Assault Charges Can Have Serious Consequences – Get the Right Legal Defense
Assault may be considered by some the lesser of the charges of aggravated or sexual assault, but the effects can be graver than those charges. If the charge arose from a misunderstanding or due to bad judgment, you have a right to a professional defense so that your side may be heard impartially. The experienced defense lawyers at Sukhvir Singh Law Firm can assist you and help with the needful during the legal process to protect against the charges and achieve the best outcome. If you have been charged with common assault, do not hesitate and contact us now for complete confidentiality.