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Assault

Generally, the offence of assault is the intentional application of force, or the threat of such force, to another person without that person's consent. This encompasses not only striking a person without consent, but could also include threatening a person with an act or gesture, spitting on a person, or throwing an object at a person, even if that object is not capable of injuring a person (e.g. a snowball). You should be aware that an injury is not necessary in order for a Court to find that an assault occurred.

Depending on the nature of the assault, you could be charged with either a simple assault, or the more serious charges of assault with a weapon, assault causing bodily harm, aggravated assault or sexual assault. Please see our article on sexual assault for more information on that offence.

It is important to know what your available defences are before ever setting foot in a courtroom. There are a number of common defences to an assault charge. Firstly, remember that an assault is essentially the application of force without consent. Therefore, if an accused has the consent of a person to touch them, even forcefully in some cases, there is no crime of assault. A practical example of the application of force where no assault has occurred would be a fistfight where both individuals involved agree to fight AND no serious bodily harm is intended or caused by the individuals.

Another common defence to an assault charge is self-defence. In Canada, an individual has a right to use force to defend him or herself from the assault of another individual, provided that the force used is no more than necessary for that purpose. It is important to note that if you provoked the assault, using force to defend yourself is only justified if you have a reasonable fear of death or grievous bodily harm. You are also allowed to use force to defend someone under your protection or care, such as a parent protecting a child, but again, you are only allowed to use as much force as is necessary for that purpose.

If you are lawfully in possession of personal property, you are entitled to use force in preventing another person from taking it or in taking it back from someone, as long as you do not strike the person or cause them bodily harm. However, when defending your residence from a trespasser, that restriction no longer applies, but you are still required to use no more force than necessary.

Parents should be aware about the amount of force they are permitted to use in correcting their children. The law in Canada is such that a parent can only use force in a quick corrective manner if the child is between the ages of 2 and 12, as long as no force is used on the child's face or head, and no instrument such as a belt or paddle is used. If the child is younger than 2 or older than 12, no physical correction is legally permitted, and a parent could be charged with assault if they do not take heed of this rule.

If you are charged with assault, it is important to have a lawyer analyze your case thoroughly and determine what defences are available to you. If you are convicted of any type of assault charge, you could be facing imprisonment as a punishment. Even if you are not sentenced to time in custody, an assault conviction on your criminal record could seriously hamper your ability to travel to many countries. There are, however, several alternatives to a fine or imprisonment, such as non-criminal diversion programs or a peace bond. A lawyer can help discuss your options and simplify your situation with respect to these issues.