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Rupin Bal Law Professional Corporation: Your Trusted Assault Lawyers in Toronto
Rupin Bal is an Assault Lawyer serving clients in Toronto and the Greater Toronto Area. With Rupin Bal, an experienced criminal lawyer at its helm, the firm is known for its professionalism, integrity, and client-centric approach.
Irrespective of the nature of the criminal legal issue we recognize the distinctiveness of each case and prioritize personalized attention for our clients. By actively listening to clients’ concerns, understanding their objectives, and formulating tailored strategies, we strive to achieve the most favorable outcomes possible.
By choosing us, you’re placing your legal matters in competent hands. We are committed to safeguarding our clients’ rights, offering clear and concise legal advice, and guiding them through every step of the legal proceedings. Our mission is to empower clients with the knowledge and support necessary to make well-informed decisions and create a brighter future.
If you require legal assistance for an Assault charge in Toronto, contact us for a free consultation. Our experienced legal team can assist you in navigating the intricacies of Canadian law with confidence and peace of mind. We speak English, Punjabi and Hindi.
A Strong Defence Against Assault Charges in Toronto
The Criminal Code, in section 265, provides the definition of assault. An assault takes place when an individual intentionally applies direct or indirect force to another person without obtaining their consent. An assault can also occur if a person attempts or threatens to intentionally apply direct or indirect force to another individual.
Causing harm to someone is not a prerequisite for an assault to occur. An individual may commit an assault even without exerting any degree of strength or power while touching the victim. However, the force applied must be offensive or an affront to an individual’s dignity. In some cases, a push or pinch may be adequate to establish a criminal assault.
Consequences of an Assault Conviction
Being found guilty of an assault charge carries significant consequences, including a criminal record and the possibility of incarceration. The maximum jail sentence for assault is either two years less one day (summary conviction) or five years (indictment).
The severity of the harm suffered often influences the penalty. The court may impose a lesser sentence, such as probation with counseling or a fine, for less serious assault allegations. It’s also possible to be found guilty of assault without receiving a criminal record by being discharged under the Criminal Code.
A Strong Defence for Assault Charges in Toronto
At Rupin Bal Law, we have a strong track record of successfully defending against assault allegations in Toronto and the Greater Toronto Area. Our team has extensive experience in presenting a wide range of defences inlcuding:
Consent:
To establish an assault, the Crown must demonstrate that the accused person applied
force without the consent of the affected party. Consent can be either expressly given or
implied, often discerned from the circumstances surrounding the offense.
Social contexts can create instances of “implied consent” to physical contact. For instance,
in longstanding relationships or during sporting events, there may be a degree of implied
consent. It’s crucial to note that the doctrine of implied consent does not extend to police
officers investigating an offense, and intentional touching of an officer constitutes an
assault.
In typical social interactions, there is an implied consent for actions like patting a co-
worker on the back or shaking hands with a relative stranger. However, consent obtained
through fraud or forcefully extracted is considered invalid.
Furthermore, consent cannot be given to actions leading to death or serious injury.
Agreeing to engage in a fight does not imply permission to cause significant bodily harm.
Therefore, if the offender intends or causes substantial harm or death, consent is not a
valid defense against assault charges.
Mistaken Belief in Consent:
Even if the Crown proves that consent did not actually exist, it is still available to the
defendant to argue that they honestly believed the aggrieved party had consented to the
application of force. An honest but mistaken belief in consent will afford a defence to an
assault charge.
Self Defence:
The law recognizes that a person is justified in using force or threatening force in certain
circumstances to protect either themselves, close family members or their property. The
basic rule permits the use of force if the force is reasonable in the circumstances. Whether
the use of force is reasonable is entirely fact specific and can depend on a number of
different factors.
FAQ About Assault Charges in Toronto
Any intentional touching may qualify as an intentional application of “force.” A violent or forceful contact is not essential to support a conviction for assault. Some cases are dismissed due to the minimal force used. Instances of past assault charges being dismissed for minimal force include pushing the complainant to exit an office, where there was minor contact during a heated domestic dispute, or incidental physical contact during
a disagreement with a parking control officer.
The application of force must be intentional. Accidentally hitting someone during an epileptic seizure, for example, would not constitute an assault. Similarly, touching that occurs due to the normal jostling in a crowded bus is an example of unintentional or accidental force application that will not lead to an assault conviction.
A reflex action does not amount to assault.
However, accidentally hitting one person in an attempt to hit another is not a defense to assault. It does not matter who the intended victim is; as long as the offender intended to apply force to any individual, it is still considered an assault.
Each case is unique and has its own facts. The law allows you, or another person, to defend themselves if you feel attacked. The action must be taken for a legitimate defensive purpose and must be reasonable under the circumstances.
Peace bonds are court orders that require an individual to be good and keep peace for a certain period of time. Being of good behavior and keeping the peace simply means not getting in trouble with the police. The court order may also include other restrictions, such as: no attendance at a specific place; no direct/indirect contact with any person or persons and the prohibition of weapons. Both types of peace bond are affected by this. Peace bonds do not lead to a conviction for a crime and are most often signed as recompense for the dropping of criminal charges. Signing this document if you’re facing criminal charges will not lead to a guilty verdict, but it may result in negative consequences in the family court. The document may also appear in a Vulnerable Sector Search even after it has expired.
Charges can be dropped or disposed of depending on the nature of the accusations if an accused accepts to take part in a remedial program. This could be therapy, anger-management programs or addiction counseling. The accused must also sign a peace agreement stating their promise to maintain peace and good conduct. The complainant may consent to the accused having contact with them and allowing cohabitation.
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