The definition of assault is outlined in section 265 of the Canadian Criminal Code and put simply, assault takes place when a person, intentionally applies direct, or indirect force to another person without the consent of the other party.
You can also be charged with assault, when a person threatens to apply direct or indirect force without consent of the other party.
Section 265(1) Criminal Code of Canada – Assault
This section states that a person commits an assault when:
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Been Charged With Assault? The Greater the Harm, the Greater the Penalty
Even the most minor charge of assault can have long terms effects and consequences on the accused person. On conviction, it is not uncommon for the court to incarcerate the convicted person, require a DNA sample to be provided and a term of probation.
Generally, the gravity of the harm done will directly affect the weight of the penalty imposed on a finding of guilt. It is important to retain a lawyer who is experienced in this area of criminal law and here at G Law Group we are well equipped to represent an accused person charged with assault.
Call us today at: 905-497-7200