The lawyers at Stern Shapray have extensive experience representing clients charged with Assault and reaching favourable outcomes for them. It is vital that one charged with this offence seeks out the legal advice of an experienced criminal lawyer in order to put forth the best possible defence(s) before the Court or pursue alternate ways to resolve the matter without going to trial.

When assessing whether to hire a lawyer when charged, it is important to first be aware of the legal consequences in the event one is found guilty of Assault.

There is no statutory minimum sentence the accused will be subjected to if found guilty. If the charge is prosecuted summarily, the maximum jail sentence an accused can receive is 2 years less a day, with or without a fine of $5000. If the charge is prosecuted by indictment, the maximum jail sentence an accused can receive is 5 years.

Less extreme forms of sentence are available under both summary and indictable proceedings, such as absolute discharge, suspended sentence, fine with or without probation, intermittent sentence, and conditional sentence. That being said, the ultimate sentence imposed on an accused will largely depend on the circumstances of the case.

For an accused to be found guilty of Assault, the Court must be satisfied beyond a reasonable doubt that each of the following requirements has been met (arranged by the specific subsection under which one gets charged):

1. Assault under s. 265(1)(a):
   1. The accused directly or indirectly applied force on the complainant;
   2. The accused did so intentionally; and
   3. The complainant did not consent to the application of force.
2. Assault under s. 265(1)(b):
   1. The accused attempted or threatened to apply force to the complainant
   2. The accused did so by an act or gesture;
   3. The accused either has, or caused the complainant to reasonably believe that he has, the present ability to apply force.
3. Assault under s. 265(1)(c):
   1. The accused accosted or impeded the complainant or begged, and
   2. The accused was openly wearing or carrying a weapon or an imitation weapon.

There are various ways in which charges of Assault can be defended, ideally by raising a reasonable doubt toward one or more of the required elements of the charged subsection.

1. Assault under s. 265(1)(a):
   • identity of the accused,
   • whether or not the accused applied any force,
   • whether or not the accused applied force by accident and not intentionally,
   • the complainant consented to the application of force (subject to certain exceptions under s. 265(3) and 268(4)),
   • the accused honestly believed that the complainant consented to the application of force (unless the exceptions under s. 265(3) and 268(4) apply),
   • whether the accused acted in self-defence, and
   • the truthfulness of the complainant’s allegations.
2. Assault under s. 265(1)(b):
   • identity of the accused,
   • whether or not the accused tried or threatened to apply force,
   • whether or not the accused had the present ability to apply force,
   • whether or not the accused caused the complainant to reasonably believe he was able to apply force,
   • whether the accused acted in self-defence, and
   • the truthfulness of the complainant’s allegations.
3. Assault under s. 265(1)(c):
   • identity of the accused,
   • whether or not the accused accosted or impeded the complainant,
   • whether or not the accused had a weapon or imitation weapon in his possession,
   • whether the accused acted in self-defence, and
   • the truthfulness of the complainant’s allegations.

For reference, the offence of Assault is outlined in the Criminal Code as follows:

Assault

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(c) fraud; or

(d) the exercise of authority.

Accused's belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

266 Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Are you facing assault charges? Are you under investigation? Speak to a Vancouver and Surrey criminal lawyer as soon as possible. We know the system. We get results. Call us immediately. The sooner you contact us, the sooner we can get started. We will defend you against these drug possession charges.

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