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.