Assaults are one of the most common violent criminal offences which come before the courts. The Criminal Code of Canada defines assaults in Section 265. To be formally charged with any assault offence, one must intentionally apply either direct or indirect force to another, without their consent. In addition, to threaten to intentionally apply force, either directly or indirectly against another, is considered an assault offence.
Criminal Code of Canada’s Definition of Assault
Section 265 of the Criminal Code of Canada contains assault offences. Section 265.1 defines assault as follows:
- A person commits assault when they apply force, intentionally against another, either indirectly or direct, without the consent of the other person.
- A person threatens or attempts to apply force to another, by a gesture or act, with or without a verbal statement.
- A person believes on reasonable grounds, that another person has the present ability to effect force against them, either directly or indirectly.
- A person is openly carrying or wearing an imitation weapon or actual weapon, or implies they have a weapon, impedes,accosts, or begs to assault another person.
Why You Should Hire Passi & Patel for Assaulted Related Criminal Offences
At Passi & Patel, our Mississauga criminal lawyers understand that even a minor assault offence can result in serious consequences if a person if found guilty of the charges. Some of the penalties imposed by the court include, but are not limited to, probation, DNA orders, and incarceration. Commonly, the courts impose penalties based upon the amount and severity of harm inflected against the victim, with stricter penalties for harsher assaults. It is for this reason, it is vital you retain the services of a law firm experienced in assaults. If you, a loved one, or a friend has been charged with assault, contact Passi & Patel at 647-898-8018 to speak to one of our Mississauga criminal lawyers today to arrange a no obligation, free consultation.