Assault
What is Simple Assault
Definition: Simple assault, also known as assault simpliciter, is the most basic assault offence under Section 266 of the Criminal Code of Canada. It occurs when you intentionally apply force to another person, directly or indirectly, without their consent.
Important Points:
- Even minor injuries or a lack of physical contact can qualify as assault. Threatening gestures or lunging at someone can be enough, as long as it creates a fear of imminent harm.
- Words alone generally don’t constitute assault, but threats of violence can be a different matter.
- Consent is key. Roughhousing with friends who agree to it isn’t assault, but unwanted touching or force is.
Common Evidence:
- Testimony from the victim describing the assault and lack of consent.
- Witness statements from anyone who observed the incident.
- Medical records if there were injuries.
- Security or dashcam footage if available.
Penalties for Simple Assault
Simple assault is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
- Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, often involving serious injuries or vulnerable victims.
- Maximum Penalty: Up to 5 years in prison.
How We Can Help
Securing Your Release: An arrest for assault can result in immediate release with a court date, or might require a bail hearing. We’ll fight to get you released on reasonable conditions.
Fighting the Charges: Every assault case hinges on the specific facts. We’ll look closely to build a strong defence:
- You didn’t apply force to the victim.
- You were acting in self-defence or defence of another person.
- The alleged victim consented to the contact.
- Evidence is insufficient to prove your guilt.
Frequently Asked Questions
What if it was a shove during an argument?
A shove without consent can be assault, even in the heat of the moment.
Can I be charged for accidentally bumping into someone?
No, simple assault requires intention.
Does this apply online?
Threats of violence can be criminal harassment or utter threats, which are separate offences.
Let's Talk About Your Case
Simple assault charges can have serious consequences, even on a first offence. Don’t underestimate the potential impact. Contact us as soon as possible for a free consultation to discuss your situation and potential defences.
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