Can an Assault Charge Be Dropped in Toronto? Insights from an Assault Lawyer at Erickson Law
Are you being charged with assault in Toronto and are unsure about what lies ahead? You could potentially lose your freedom, reputation and future as a result. One of the primary questions when facing charges is often, “Can this charge be dropped?” At Erickson Law, we will address the answers to that question. As an experienced assault lawyer in Toronto, we’ve successfully helped numerous people navigate the justice system. While an assault charge can indeed be dropped or “withdrawn”, doing so typically takes legal expertise and knowledge of your individual case to achieve.
Whether an assault charge might be dropped, it’s essential to know how charges are initiated and prosecuted in Ontario. When an incident takes place and police officers arrive on scene, officers conduct an initial investigation before formally initiating charges against any party involved. If they believe there are “reasonable grounds” to suspect an offence has occurred, they have the legal power to bring charges. Assault comes in many forms: simple (under section 266 of Canada’s Criminal Code), bodily harm (section 267), or even aggravated (section 268). Once police lay charges, the matter is transferred to the Crown Attorney’s office for prosecution, not police or the complainant (alleged victim). The crown bears the responsibility for overseeing this aspect of prosecution known as Crown discretion.
Crown discretion is the core of our justice system, wherein a Crown Attorney reviews evidence provided by police to decide if and what charges to prosecute or how best to resolve their cases. Crown Attorneys don’t exercise this discretion randomly; rather, their decisions are guided by principles laid out in policies like Ontario’s Crown Prosecution Manual. Two tests must be satisfied for any prosecution to continue: there must be a “reasonable prospect of conviction,” and secondly ,it must serve the public interest. A reasonable prospect of conviction means the Crown believes a conviction is likely, given all available admissible evidence. The public interest test requires considering several factors, including the severity of an alleged offence, the accused’s background, impact on the victim and community and whether prosecution would bring disrepute upon the administration of justice. An experienced assault lawyer in Toronto understands these guiding principles and is adept at crafting counterarguments to address them.
So, how can these principles lead to a charge being dropped? There are several ways.
One of the most significant opportunities available to you lies within pre-trial negotiations between your defence counsel and the Crown Attorney. Here, an assault lawyer can prove invaluable. As part of disclosure, as upheld by the Supreme Court of Canada in R v Stinchcombe (1991) 3 S.C.R 326, we carefully scrutinize any evidence presented by the Crown during criminal trials. Disclosure includes police reports, witness statements, photographs and videos, and any other relevant material that helps us uncover weaknesses in the Crown’s case. Our mission is to expose any defects within it. There may be inconsistencies in the complainant’s account or no independent corroborating evidence available, or issues surrounding how evidence was gathered that implicate Charter rights. For instance, if an illegal search were performed or statements were improperly collected, then some key pieces of evidence may become inadmissible.
Additionally, we consider whether the Crown can prove all elements of an alleged assault. Every criminal offence requires proof both of a prohibited act (the “actus reus”) and intent (mens rea). If the contact was accidental and not intentional, or there’s a viable defence such as self-defence or consent for simple assault cases (in certain instances). These are powerful points to leverage during negotiations. At our office, we present these issues to the Crown through formal meetings called “Crown pre-trials,” in order to demonstrate why neither a reasonable prospect of conviction threshold has been reached nor proceeding is in the public interest, given all circumstances. A “judicial pre-trial” may also help facilitate these conversations and lead to a resolution.
Another way is commonly referred to as diversion or “alternative measures”, which offer another route towards getting assault charges dropped. They’re specifically tailored for less serious offences or those without prior criminal histories, making these an appealing way out. The Direct Accountability Program holds individuals responsible while sparing them the full force of the criminal justice process and potential conviction, without incurring permanent record-making consequences. If the Crown determines that diversion is appropriate, an accused might be required to fulfill certain conditions that include making charitable donations, performing community service work, writing letters of apology and attending counselling (for instance, anger management or substance abuse counselling). Partner Assault Response (PAR) programs offer more intensive, specialized counselling sessions designed to address domestic allegations of assault. If these measures are completed successfully, then the Crown may formally withdraw charges of assault from your record. An assault lawyer can advocate strongly on your behalf and include you if applicable.
An assault charge can often be resolved without conviction using a “peace bond,” otherwise known as recognizance under section 810 of the Criminal Code. A peace bond does not constitute either admission of guilt nor criminal conviction; Peace bonds are commitments made before a court where an individual pledges to “maintain and display good behaviour for an agreed-upon period (usually twelve months) by agreeing not to contact the complainants and to remain away from certain locations. By agreeing to enter into a peace bond agreement, the Crown Attorney agrees to withdraw criminal assault charges. Peace bonds may be appropriate when the complainant expresses legitimate fears for personal safety, yet Crown prosecutors lack confidence that they can prove the assault charge beyond a reasonable doubt at trial, or when proportionate solutions in public interest require consideration. We can negotiate the terms of a peace bond agreement to make them manageable and practical for everyone involved.
Early intervention with legal representation increases your odds of finding a resolution. An assault lawyer in Toronto can offer invaluable legal guidance from day one, often before any statements have even been given to law enforcement. This allows you time for us to gather any evidence, review bail conditions, negotiate with the Crown, and discuss between the parties involved in your case. Proactive legal work can fundamentally change how cases unfold over time.
Erickson Law often hears questions such as “What if the victim wants to drop the charges?”. Many people misunderstand this and think that if the victim chooses not to pursue charges, it would be dropped against them. However, once charges have been laid by police and presented in court, neither the complainant nor their lawyers have the power to withdraw them. That decision lies with the Crown Attorney. Although the complainant’s wishes and level of cooperation will be taken into consideration during an evaluation of public interest, these factors will not determine any decision or action by the Crown. Domestic assault claims often necessitate a tough prosecutorial response as specific Crown policies stipulate a no-nonsense strategy due to potential coercion or abuse cycles. Our assault lawyer will carefully bring up this information to the Crown. As any attempt to exert improper influence over witnesses can result in additional criminal charges against the accused person.
As is evident by these considerations, facing an assault charge does not need to result in a criminal conviction. There are multiple avenues where an assault charge may be dropped or withdrawn. Strong negotiation with the Crown based on evidentiary weaknesses or legal defences, as well as participation in diversion programs or agreements to peace bonds, requires legal expertise for success. The justice system requires understanding legal principles and professional legal guidance to navigate through these processes.
At Erickson Law, our primary mission is providing our clients with strong legal representation. We recognize the effects these charges can have on your life, therefore, if an assault allegation arises against someone you know or yourself, don’t wait. Seek legal counsel immediately as your future should never be left to chance.
