Understanding Implications of Self-Defence and How Erickson Law Helps You in Defending an Assault Charge in Toronto
If you have been charged with a common assault in Canada, we can help you navigate through the complexities of your case using our trusted legal counsel and wealth of knowledge. We can help tailor your case to favourable circumstances while relieving you of the stressful legal process.
Defending your assault charge in Toronto should be approached with experience and commitment. At Erickson Law, we study your delicate legal matters and prepare your case encompassing all the details to help you achieve a positive outcome. While there are various forms of ‘assault’ identified under the Canadian Criminal Code, it is imperative that you have qualified legal counsel to fight for your innocence and defend your case.
It is imperative that you hire a lawyer that works tirelessly to ensure that you get the justice you deserve. We know that the legal process can bring on financial burdens and mental hardships, and that is why we welcome individuals of all personal circumstances and backgrounds. True justice does not discriminate, and we will protect you during stressful legal proceedings.
Is Domestic Assault a Criminal Charge?
‘Domestic Assault’, is classified as a ‘Criminal Act’ under Section 718.2 under the Criminal Code of Canada. ‘Domestic’ can refer to two partners, a parent and a child, siblings, or common-law spouses. It is highly advised to seek legal guidance when you are faced with ‘Domestic Assault’ charges.
Allegations of a domestic assault are taken seriously by the police, the Crown’s Attorney and Ontario courts due to:
- The increase of domestic abuse since the COVID-19 pandemic that has started in March of 2020 and onward,
- The severe impact domestic assault instances have on minors living inside the home,
- The risk of violence escalating if the circumstances are not dealt with urgently,
- Power imbalances arising from one partner being physically larger than their spouse.
If the police officer at the cause of the scene has reasonable grounds on which to believe that a domestic assault has occurred inside the home, the accused person will be arrested. In some circumstances, the victim will be taken to the police station to report a formal statement.
Canada’s Criminal Code Section 265 (1) identifies the term ‘Assault’ when a person:
- Implies intentional force, directly or indirectly, to another person without consent,
- Threatens through an act of gesture of act to apply force to another person, and the person threatened has reasonable cause to believe that they will be injured,
- Openly carrying a weapon to impede a person’s physical presence.
The difference between assault and domestic violence is that there is no presence of a physical injury to be charged with domestic violence; rather the threat or fear of potential domestic violence is sufficient to press charges. An assault charge requires a physical injury to have taken place.
Circumstances of Self-Defence
Despite being one of the most common topics within Canadian criminal law, self-defence implications are highly complex and require extended knowledge of the legal system. While self-defence implies that you were defending yourself from harm inflicted by another person, it also encompasses defending your property or loved ones from potential damage.
Self-defence does not always take the form of physical altercations; the act also includes initial signs of someone threatening you, pointing a weapon at you, or threatening you with a potential attack that obligates you to defend yourself. Additional instances that the Crown might dismiss your case if it constitutes any of these circumstances that are constituted under Section 34 (1):
- “They believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person”;
- “Whether the act of defence was taken under reasonable circumstances”;
- “That the assault was committed for the purpose of defending or protecting themselves or the other person from the use of that force”.
Charged with Assault? Build a Strong Case in Defending an Assault case in Toronto and the GTA with Our Professional Legal Counsel!
John Erickson is dedicated to achieving the best outcome for you, and it is vital that your sensitive legal case is in great hands.
Charged with an assault charge? It’s time to get one of the best defence lawyers in the GTA on your side!