According to the Criminal Code of Canada, a person commits assault when they intentionally apply force to another person without that person’s consent. You can be charged with assault no matter how little force you used or whether any injury occurred. Even the perceived threat of an assault occurring could lead to a charge being laid.
The most basic form of assault, often called “simple assault” or “assault simpliciter” can be prosecuted in two ways: through summary conviction or indictment. This is a decision made by the Crown Prosecutor without the Court’s discretion.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Alternatively, indicatable offences are considered to be more serious and generally have higher punishments at sentencing.
When You Are First Charged
When you are charged with the most basic form of assault, sometimes called “simple assault” or “assault simpliciter”, 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 Sherwood Park, you will likely be required to attend at the Provincial Court in Sherwood Park, 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 decides whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, you could face additional charges if you do not follow them. Such conditions may include not attending at a certain address (such as were the alleged assault occurred or where the alleged victim lives), refraining from contacting the alleged victim or not possessing weapons or alcohol and/or drugs.
You may also be required to attend a police station to provide fingerprints. If you do not, you could face additional charges as well.
What You Can Expect
If you are charged with assault, it is important to call us right away at 780-686-7948. Even the most “simple” assaults can result in a criminal record which could result in you facing a number of consequences and challenges, even after sentencing is complete. You could face difficulties and even be prohibited from entering certain countries. You could also face challenges in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional immigration consequences.
Common defences include self-defence, such as when you are protecting yourself or another person, and consensual fight, such as when two individuals agree to fight outside of a bar. While a number of defences may be available to you, the best defence is a thorough and properly executed one.
Facing an assault charge can be intimidating, but 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.
Sentencing
While each case is unique, possible sentences for a conviction under s 266 of the Criminal Code of Canada (assault) include:
- Jail (Up to 5 Years)
- Fines
- Probation
- Discharge
Peace Bonds
In some cases, an appropriate resolution to a charge of assault is through a Peace Bond. A Peace Bond is an order made by the Court for an individual to “Keep the Peace and Be of Good Behaviour” for an agreed upon set of time. A Peace Bond may have other requirements as well. In Canada, there are two different types of Peace Bonds with different requirements for entering into them. Both require consent of the Crown. Mr. Ziv can assess whether a Peace Bond may be a suitable resolution for your matter.