Defending an Assault Charge in Toronto: What You Need to Know
At Erickson Law, we are aware of the tremendous anxiety and uncertainty that accompany criminal charges, especially those involving accusations of violence. An assault accusation may significantly impact your personal and professional life. To save your future, your reputation, and your rights, you must move quickly and decisively. This post will give you the knowledge and direction you require at this trying time by guiding you through the crucial procedures and tactics for defending an assault charge in Toronto.
Section 265 of the Criminal Code defines assault in Canada. When someone willfully uses force against another person without that person’s consent or threatens to use force against them, that person has committed assault. Depending on the circumstances, the injuries received, and if a weapon was used, assault charges can be minor or serious. Among the various kinds of assault charges are:
Simple Assault: The least severe kind, which consists of small-scale physical fights without serious injuries.
Assault Causing Bodily Harm: This involves bodily injury that is more than minimal or temporary.
Aggravated Assault: The most severe kind, in which the accused acts with immense violence or the victim suffers major injuries.
Domestic Assault: Assault that takes place in relationship or family situations, frequently with additional social and legal complications.
Sexual Assault: Involving sexual interaction of any kind that is not consenting.
The penalties may include fines, jail time, probation, and a permanent criminal record, regardless of the type of assault offence. A solid legal plan can make all the difference while defending against an assault accusation in Toronto.
Your Rights
Being accused of violence does not suggest guilt. In Canada, everyone is entitled to a fair trial and is assumed innocent unless and until proven guilty. We make sure our clients at Erickson Law are aware of their rights, which include:
The Right to Remain Silent: It is crucial to refrain from speaking to the police without legal representation since everything you say could be used against you in court.
The Right to Legal Representation: As soon as you are charged, you have the right to speak with a lawyer.
The Right to Disclosure: All evidence against you, including witness accounts, police records, and any other pertinent documents, must be provided by the Crown.
Steps to Take When Facing Assault Charges
Your defence may be greatly impacted by what you do in the moments following the conclusion of an assault accusation. The following are crucial actions to take:
Seek Legal Counsel: Speak with an experienced criminal defence lawyer right away. We at Erickson Law have a successful track record and are experts at defending against assault charges in Toronto.
Document Your Side of the Story: Note down all of your recollections of the event, including the dates, times, places, and names of any witnesses. You can use this information to strengthen your defence.
Avoid contact with the Victim: Contact with the accused victim is frequently prohibited by bail terms. Breaking these rules could make your condition worse.
Gather Evidence: Gather any pertinent evidence that can bolster your account of events, such as emails, texts, or security footage.
Comply with Court Orders: Attend every court appearance and follow any guidelines the judge may provide.
Common Defences Against Assault Charges
Defending an assault charge in Toronto requires a strategic approach based on the specifics of your case. Some common defence strategies include:
Self-Defence
Self-defence is one of the most often invoked defences in assault cases. You may use force to defend yourself or another person in accordance with Section 34 of the Criminal Code if you have a reasonable suspicion that force is being used or threatened against you.
Consent
This could be a good defence if the accused victim consented to the physical contact. This is frequently relevant in physical sports or mutually agreeable altercations.
Lack of Intent
The prosecution must demonstrate the accused’s deliberate actions in order to prove assault allegations. The charge might be dropped if the act was unintentional.
Mistaken Identity
The accused might not have been at the site of the alleged assault in certain situations. False allegations may result from misidentification of eyewitnesses.
Violation of Charter Rights
Your lawyer may file a move to exclude particular evidence or possibly have the charges dropped if there were violations of your rights under the Canadian Charter of Rights and Freedoms during the investigation or arrest, such as an unauthorized search and seizure or an extended period of unjustified imprisonment.
Why Choose Erickson Law for Defending an Assault Charge in Toronto
With more than two decades of experience, we at Erickson Law provide clients unparalleled knowledge and commitment. What makes us unique is this:
Client-Centered Approach
We are aware that each case is different and calls for a customized approach. We prioritize your problems as soon as you get in touch with our office, offering concise communication and customized guidance.
24/7 Availability
Criminal charges don’t follow business hours, and neither do we. Our staff can offer emergency legal assistance at any time of day or night.
Resources available
To handle the broader effects of your case, we provide access to a reliable network of experts, such as family law specialists and counsellors, in addition to legal assistance.
The Legal Process
The legal process for defending an assault charge in Toronto typically involves several stages:
Initial Consultation: We will examine your case, review your choices, and lay out a plan of action at your initial consultation with Erickson Law.
Bail Hearing: To secure your release if you are currently in detention, we will defend you at the bail hearing.
Review of Disclosure: We will carefully review the evidence against you and pinpoint gaps in the Crown’s argument.
Pre-Trial Motions: We will collaborate with you to develop a compelling defence, which may entail obtaining expert testimony, questioning witnesses in cross-examination, and offering counterarguments.
Trial Preparation: We will work with you to build a strong defence, which may involve gathering expert testimony, cross-examining witnesses, and presenting alternative explanations.
Trial or Resolution: We will passionately defend you in court if your matter goes to trial. Alternatively, we could bargain for a favourable outcome with the Crown.
The Importance of Acting Quickly
When defending an assault charge in Toronto, time is of importance. Delaying action may lead to lost chances to obtain witnesses, collect evidence, or contest procedural inaccuracies. You can be confident that your case will receive the attention and urgency required by contacting Erickson Law as soon as possible.
Defending an assault charge in Toronto is intricate and requires knowledge, perseverance, and dedication to getting the best result. At Erickson Law, we take great satisfaction in offering our clients the best possible legal counsel, ensuring their rights are upheld at every turn.
Don’t go through this difficult time alone if you or a loved one is being charged with assault. For a free consultation, call (416) 363-3612 to reach Erickson Law today. Let us assist you in constructing a solid defence so you may proceed with assurance.
