When charged with assaulting a peace officer, the Crown Prosecutor must first prove assault: the intentional application of force to another person without their consent. According to the Criminal Code of Canada, a “peace officer” includes police officers, sheriffs, and justices of the peace among others.
The Crown must prove that the alleged victim is in fact a Peace Officer and that he or she was acting within her duties. The Crown is also required to prove that you knew that the alleged victim was a “peace officer”.
You may be charged with assaulting a peace officer, assaulting a peace with a weapon, assaulting a peace officer causing bodily harm or the aggravated assault of a peace officer.
Assaulting a peace officer is a “hybrid” offence, meaning the Crown Prosecutor may choose to proceed summarily or through indictment. This is a decision made with the Crown Prosecutor’s discretion.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences, on the other hand, are considered to be more serious and generally see a higher punishment at sentencing. If you are charged with the aggravated assault of a peace officer, the Crown is required to proceed by indictment.
When You Are First Charged
You may be given an Appearance Notice or Promise to Appear without being formally arrested. If you are formally arrested and taken into police custody, you may be released on an Undertaking which may contain conditions. These notices will inform you of the date and time of your first appearance in Court.
It will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged with assault in Wetaskiwin, you will likely be required to attend at the Provincial Court in Wetaskiwin, even if you normally reside in Edmonton. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
In some situations, you may be detained and require a Bail Hearing. In this case, a Justice will decide whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, it is important that you follow them as you can face additional charges if they are not followed (often referred to as “breaching” your conditions). Such conditions may include not attending at a certain address (such as were the alleged assault occurred) or not possessing weapons or alcohol and/or drugs.
You may also be required to attend a police station to provide fingerprints. Failure to do so will likely result in additional charges.
What You Can Expect
It is important to retain legal assistance when charged with assaulting a peace officer. A criminal conviction often invites additional challenges going forward. You may be prohibited from entering certain countries, such as vacationing in Mexico or Europe. You may also face obstacles in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional, and severe, immigration consequences.
Being charged with a criminal offence can feel overwhelming; Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial. While a number of defences may be available to you, the best defence is a thorough and properly executed one.
Sentencing
While each case is unique, possible sentences for a conviction under s 270 of the Criminal Code of Canada (assault causing bodily harm) include:
- Jail
- Fines
- Probation
- Discharge
- Ancillary Orders such as: Record of DNA in national police database, weapons prohibition, delayed parole, restitution.