Domestic Assault Domestic assault or assault in Canada can be charged by the Crown Attorney as a Summary or Indictable offence. As a Summary offence the accused is facing a maximum of a 6 months maximum jail sentence, $5000 dollars or both. If the assault is charged as an indictable offence the accused is facing…
A domestic assault occurs under the Criminal Code of Canada under section (265) when a person intentionally applies force directly or indirectly against another person without their consent. The laws surrounding uttering threats in Canada dictates that a person can also be guilty of an assault if he or she attempts or threatens, by an act or gesture to apply force to another person. It does not have to actually happen, the victim just has to be reasonable in his or her belief that it was going to happen.
If the victim eventually allows the accused to apply force directly or indirectly because he or she felt threatened or was scared the Court will not consider that as consent defence.
If charged with an Assault there are certain defences which can be used such as consent or self-defence that can ultimately prove your innocence. In the Alternative there are many ways to resolve your case in a reasonable way without trial and without ending up with a record. It is important when hiring a Toronto criminal defence lawyer it is one like Jeffrey I. Reisman, who has extensive trial experience for these types of offences as they are serious and can leave a conviction on your record.
If you would like to contact Jeffrey I. Reisman directly for a free consultation and aggressive defence call 647. 351. HELP or 647. 351. 4357