If you’ve been charged with assault in Canada, you’re probably wondering how to defend yourself. Being accused of assault in Canada can be a challenging and frustrating experience. There are many layers to an assault charge, which is often filed by the police rather than the accused victim. You may do a few things to advance your case if you’re trying to beat an assault charge in Canada.
Assault cases are mentally affecting – be it a domestic assault or simple assault. However, once you get a charge, you need to think of beating the charge.
This article will teach you about the different types of assaults and ways to beat them. So, stay tuned to learn more!
What is Assault?
Assault means the intention to apply forces to someone else, directly or indirectly taking the person’s consent. It is moreover an offence that imposes punishment and imprisonment on the offender.
In Canada, assault falls under criminal code section 265. However, there are many cases when a person can decide to assault.
There are 3 different situations to commit assaults, which are:
- Someone doesn’t have other persons consent to directly or indirectly apply force
- Someone threatens or attempts to affect another person
- Someone having a weapon to impede or accost another person
However, it isn’t necessary to harm someone physically; rather, someone can be hurt mentally as well.
Now, let’s begin our journey to the primary topic of today’s article. In the following couple of sections, we will discuss how to beat an assault charge in Canada.
Don’t ignore a word, you would miss something important. Without further due, let’s understand all those methods.
How to Beat an Assault Charge in Canada?
In this section, we will discuss different methods for defending assault charges. Yes, there are several methods you can use to death the assault charge. Please don’t do this without discussing it with a criminal lawyer in Canada.
At Criminal Lawyer Regina, we have the most experienced criminal lawyers in Regina. You can call us at (306) 848-7777 and share your problem. We will help you to beat the assault charge against you.
If you get caught, the police or crown prosecutor can charge you with more than one assault case – for example, aggravated assault with sexual assault.
In addition, it is also possible to add up the assault charges- e.g., any charge for the public offence with the offence of property destruction. Therefore, these will add a burden on the assaulter.
However, it is possible to beat an assault charge through different types of defences. Some of the ways are:
- Self-defence
- Consent
- Raising of reasonable doubt
- Lack of intent
Let’s check out how they work!
Self-defence
The most reasonable way to defend against the charges is a defence of others or self-defence. On the other hand, everyone has the right to protect themselves.
Therefore, it would be easier for the court to decide who committed the crime first if you act in self-defence.
Consent
As assault is using force against the other, so you can never assault a person with consent. However, if you can prove consent, you will have a proper defence against the other.
Reasonable Doubt
If you are against your criminal charges, you can hire a lawyer to help you, creating reasonable doubt. If your lawyer makes a reasonable doubt, it is possible to get your charges removed.
However, you need to prove a proper reasonable doubt against the case, as you will be proved innocent based on it.
Lack of Intent
You can show anyone that lack of intent by showing that the assault was an accident. Sometimes, you may move in a certain manner without any intent and end up harming the other person. Nevertheless, your actions can also be reflexive, which might show that the act was unintentional.
Now that you know the methods, let’s try to understand different types of assaults in Regina, Canada. In this section below we have explained everything you need to know about them. It will help you during case sessions in Court if you know them properly.
What are the Different Types of Assault?
There are many parameters of criminal acts. Additionally, you will find a wide range of assaults that are available under offences.
However, the different main types of assault are:
- Simple Assault
- Domestic Assault
- Sexual Assault
- Aggravated Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Assault Against a Police Officer
Let’s look into them!
Know more about: Statute of Limitations in Canada
Simple Assault
Simple assaults are the most “common assaults.” Some simple assaults are fish fights and physical disputes.
Additionally, you can also count in threats or attempt assaults under this category. However, you wouldn’t get time from crown prosecutors if they find you guilty.
Domestic Assault
Domestic assault involves the assault of two people who is in a domestic relationship. However, these cases are much serious than simple assaults.
Sexual Assault
Sexual assaults include assaults that include inappropriate touching or rape. However, people can get a penalty like increased jail time and having the name in the assaulter database.
Nevertheless, the penalty will be decided based on the criminal act. On the other side, the type of penalty depends on the accusations and relationship of both people.
Aggravated Assault
Aggravated assault includes assaults with aggravating factors done to affect someone in public. Some aggravating assaults are serious injury, using weapons, or disfigurement.
However, the penalties for aggravated assault are very severe. Sometimes, they might even end up on prison sentences.
Assault Causing Bodily Harm
Assault causing bodily harm may include assaults that end up affecting physically. On the other hand, the penalty is much serious than aggravated assault which can also include jail.
Assault with a Weapon
Assault with a weapon may include assaults that cause a weapon and harm a person physically. However, these penalties can also end up in prison.
Assault Against a Police Officer
You can easily understand that assault against a police officer that these assaults affect “peace” officers. However, such assaults don’t favour anyone from the court. So, anyone can end up in severe penalties.
Minimum sentence for Assault in Canada
Sexual assault accused may get minimum sentences that range from no jail time to life in prison. Overall, the victim’s age, the use of a firearm in the assault, and the victim’s injury all impact the sentence.
| Crime | Minimum Sentence | Maximum Sentence |
| Sexual assault, victim younger than 16, indictment |
1 year |
14 years |
| Sexual assault, victim younger than 16, summary conviction |
6 Months |
2 years, minus 1 day |
| Sexual assault, victim older than 16, indictment |
None |
2 years |
| Sexual assault, victim older than 16, summary conviction |
None |
18 months |
| Sexual assault causing bodily harm, no firearm |
None |
14 years |
| Sexual assault causing bodily harm restricted or prohibited firearm |
5 years |
14 years |
| Sexual assault causing bodily harm, restricted or prohibited firearm, a repeat offence |
7 years |
14 years |
| Sexual assault causing bodily harm, possession of other firearms |
4 years |
14 years |
| Sexual assault causing bodily harm, victim younger than 16 years old |
5 years |
14 years |
| Aggravated sexual assault, restricted or prohibited firearm |
5 years |
Life in jail |
| Aggravated sexual assault, possession of other firearms |
4 years |
Life in jail |
FAQ: How to Beat an Assault Charge in Canada
Here are some frequently asked questions that might help you. Let’s look into them!
How Do You Beat Assault Charges in Canada?
There are two ways through which you can beat assault charges in Canada, which are: 1. Drop the charges before you start your trial, 2. Found clear at charges in a trial
Can The Victim in Canada drop assault Charges?
A victim can’t drop the assault charges in Canada. However, it is possible to influence a prosecutor. Nevertheless, prosecutors can withdraw charges if they think there is no guilty verdict.
Will I Go to Jail for First Time Assault in Canada?
You wouldn’t go to jail for simple assaults for the first time in Canada. However, you may be liable for five years in prison based on your assault charges.
Can Common Assault Charges be Dropped?
Governmental criminal cases file all the crimes, so it isn’t possible to drop the assault charges. Additionally, victims can’t recourse to the charges of filing a claim or initiate once the trial begins.
What Sentence Can You Get for Assault by Beating?
You will receive a sentence of about 26 weeks of jail, a community order, or a fine. However, the court wouldn’t randomly decide as they would also think about other factors. The two main factors are issues caused by defendants and also the guilt of a defendant.
How Long Does an Assault Charge Stay on Your Record in Canada?
In Canada, an assault charge will stay on your record for about 125 years. This means that it will last till you die. Nevertheless, it is possible to apply in the Record Suspension, through which the court will erase your record till your eligibility.
Conclusion
To sum up, there are different types of assaults and ways to beat them. However, your task will get easier if you hire a professional lawyer to help you. The lawyers have experience, so they will help you win while you sit back stress-free. Additionally, assault cases are very complicated, so you need to handle them with delicacy. So, start fighting for your case!
