Definition: The Criminal Code of Canada (Section 270(1)(a)) defines this as intentionally applying force against a police officer or someone acting in aid of an officer engaged in the execution of their duty, without their consent.
Important Points:
Common Evidence:
Simple assault is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
Indictment: More serious cases.
Securing Your Release: An arrest for assaulting a police officer can make obtaining bail more complicated. We’ll work hard to demonstrate that you’re not a flight risk or danger to the public.
Fighting the Charges: Every interaction with the police is different. We’ll investigate all legal options, potentially challenging:
You generally cannot be charged with this specific offence unless the officer was engaged in their official duties. However, general assault charges could still apply.
The legality of the arrest and whether the force used was reasonable will all be important factors.
It may still be a viable defence, depending on the specific circumstances of the case.
Assaulting a police officer charges are very serious and can have significant long-term consequences. Don’t risk your future, contact us immediately for a free consultation to understand your rights and begin building your defence.
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