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To understand how you may be able to fight your Ontario assault charges, first you must understand what an “assault” is. An assault is the intentional application of force, no matter how slight, on an individual without his or her consent. An assault can also include words, acts or deeds that are not an application of force but might reasonably lead someone to fear that a use of force is coming. This can be something as trivial as a tap on the arm or a fake punch that was never meant to connect or something much more serious. The same charge encompasses some of the most minor and some of the most major criminal acts. Defences such as “self-defence”, “consent fight”, “defence of property” or a “third-party” are all very important when dealing with any kind of assault.

Some assaults are considered more serious than others.

Domestic Ontario Assault Charges

Assaults that occur in the course of a domestic relationship (married partners, common-law partners, dating couples, parent/child) are treated differently in the Criminal justice system. The Criminal Code makes the fact that an assault is in the context of a domestic relationship, an aggravating factor upon sentencing. However, these are often the most difficult cases for the Crown to prove as the intricacies and complications that occur in a domestic relationship can make it difficult to determine who did what and why. There is also a great public interest in educating people involved in minor domestic assaults in order to prevent these crimes from happening. Domestic relationships often involve power imbalances in the relationship, and the Courts understand that sometimes false allegations are made because of the power shift that can occur when one person in a relationship gets charged. Managing a solution to a domestic assault charge that ensures a safer domestic atmosphere as time goes by, and respects the rights of the truly harmed in allegations of domestic assault, can help to resolve many of these charges. Understanding public perception and the responsibilities imposed on Crowns and police, helps Aitken Robertston resolve these matters in the most positive way for you.

Sexual Ontario Assault Charges

Sexual assaults are assaults which involve some nature of sexual touching or sexual overtone. These can range from something as minimal as a mere touch of the wrong body part of the other person, up to, and including, a rape. With any and all kinds of sexual assault cases, there are very severe penalties beyond the usual ones like jail and probation, including: DNA orders, weapons prohibitions and registration in the National Sex Offender Registry. The severity of those punishments can have long reaching effects on a person’s life and we recognize the need to work with and around those punishments to achieve the best result for you. Most sexual assaults are not those at the more severe end of the range. Showing a lack of sexual intent in the assault can lead to positive resolutions. The importance of minimizing further effect on a victim can often mitigate the sentence or plea sought by a Crown and imposed by the Court.

Fight Your Ontario assault charges! Call our lawyers at 1-800-668-1657 or visit one of our offices to get free 30-min consultation.

Recent Successes With Assault Charges

Acquittal Case Study: Assault, Forcible Confinement, and Mischief Over $5000

Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
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Charges Withdrawn – Assault (Domestic) – (Case Study)

Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
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Charges Withdrawn – Assault (Case Study)

Mr. P. had lived a period of time approaching a century without acquiring a criminal record; he should not get one now! If convicted of the assault charge, he not only would have a criminal record, but the resulting sentence would almost certainly contain “no contact” terms with regards to Ms. M. But Mr. P. and Ms. M. had a relationship and they both lived in the same retirement home. The goal was to avoid conviction, allow the couple to have contact with each other and remain in the retirement home, while at the same time allowing Ms. M. to feel safe.
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Acquittal – Assault Charge (Case Study)

This case of an alleged assault depended on the testimony of four witnesses. Each would have a different version of the events. It would be our challenge to stitch together from the evidence, a narrative favourable to our client. To do so, we would, through cross-examination have to bring into question the reliability and/or credibility of the witness testimony that was unfavourable to our client and to highlight the contradictions in that testimony, and then make submissions arguing for a finding in favour of our client's version of the facts.
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Acquittal – Assault (Domestic) (Case Study)

Mr. and Mrs. H. were married and had a five-year-old daughter. On a Saturday night they had a heated conversation which led to Mrs. H. leaving and staying overnight at a friend's house. On Sunday, when Mrs. H. got home, the argument flared up again and as it progressed, Mr. H. got upset and threw something. Mrs. H. said that it was a glass and that it broke near her feet.
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Acquittal-Assault, Forcible Confinement, and Mischief (Case Study)

This case would turn on the question of credibility. The complainant’s testimony would be pitted against our client’s. Each would have a different version of the events. It would be a classic “he-said-she-said” situation. We would present our client’s version of what happened, while raising a reasonable doubt about the complainants’s story and systematically attacking the Crown’s case. To do so, we would, through cross-examination, have to bring into question the reliability and/or credibility of the complainant’s testimony.
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Acquittal – Care or Control of a Motor Vehicle While Impaired / Over 80 / Sexual Assault (Case Study)

Late one summer night, police received a call about a woman who had run into a Tim Horton’s saying that she had just been sexually assaulted by a man who was at that moment outside the store. Some of the Tim’s employees surrounded the man’s vehicle and prevented him from leaving. The man himself also called police, reporting that people were blocking his vehicle and he didn’t know why. But, when police arrived, he was no longer there. The police continued down the street, caught up with the man, Mr. Hd., who was driving slowly and pulled him over. The officers then thought that they smelled alcohol on Mr. Hd.’s breath and so demanded that he blow a sample into the roadside breath alcohol screening device. He registered a fail and was transported to the station to provide further samples in to the breath testing machine. Those samples registered readings over the legal limit for blood alcohol. Mr. Hd. was charged with “Impaired,” “Over 80” and Sexual Assault, following an alleged altercation with a female in a parking lot.
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Acquittal – Assault Charge in Oshawa (Case Study)

It was three in the morning and everybody had been drinking. Both Ms. V. and Mr. G. had in the past cheated on each other, but both had, each time, forgiven the other. On this night, Mr. G., looking in Ms. V.’s phone, found that the name of the man she had cheated on him with, was still in her contacts. Accusations flew and tempers flared. Mr. G. called the police and told them that Ms. V. had punched him in the face several times and kicked him in the groin. When the police came to arrest Ms. V. at her home she told them that Mr. G. had gone through her phone and noticed that the man she had cheated with was still in her contacts. He was very upset, yelling at her and kicking bathroom cupboards. They exited the bathroom and continued to argue.
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