Toronto Assault Defence Lawyers
Assault
An assault charge can arise from a brief encounter, an ongoing dispute or an allegation involving serious injury. The charge alone does not establish what occurred or whether the legal elements of the offence can be proven.
At Shikhman Barristers, the defence begins by examining the complete circumstances, including the accounts of those involved, any available recordings and the conduct of the authorities.
Types of Assault Allegations
Assault allegations may include common assault, assault causing bodily harm and aggravated assault. The applicable charge depends on the conduct alleged, the nature of any injury and the evidence available to the Crown.
Related allegations may include threats, forcible confinement, mischief or a breach of an existing court order.
Reviewing the Evidence
Relevant material may include witness statements, emergency calls, surveillance footage, body camera recordings, photographs, medical records, text messages and police notes.
The evidence must be reviewed as a whole. Timing, inconsistencies, prior communications and gaps in the record may affect whether an account is reliable and whether the allegation can be proven.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Consent, Identity and Intent
Some cases raise questions about whether physical contact was consensual, whether the accused was correctly identified or whether the required intent is present.
Those issues cannot be resolved from the wording of the charge. They depend on the evidence and the legal principles that apply to the event.
Self Defence
Self defence may apply where a person believed on reasonable grounds that force or a threat of force was being used, acted for a defensive purpose and responded reasonably in the circumstances.
Whether the defence is available depends on the full context, including the nature of the threat, the roles of the parties and the proportionality of the response.
Release Conditions and Immediate Consequences
An assault charge may lead to conditions affecting communication, residence, weapons or attendance at particular locations. Those conditions remain enforceable until they are formally changed.
The immediate effect on family arrangements, employment and access to personal property should be identified early.
Can the Complainant Withdraw the Charge?
The decision to continue or end a prosecution belongs to the Crown, not the complainant. The complainant’s position may be relevant, but it does not determine the result.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
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