Assault can range from physical contact involving anything from pushing, to more serious forms of conduct, resulting in injuries. Generally an assault occurs when a person intentionally applies direct or indirect force to another person without consent.
Consent: For an assault to have occurred, the Crown must prove that the application of force by the accused person was done without the consent of the party to whom the force was applied. Consent may be given expressly or implied. Often, consent is implied and is generally determined from the surrounding circumstances of the offence.
Self -Defence: A person may be justified in using force or threatening force in certain circumstances to protect either themselves, family members or property. The rule permits the use of force if the force is reasonable depends on the facts of the case.
Mistaken Belief in Consent: If consent did not actually exist, the accused may still be able to argue that they honestly believed the other party had consented to the application of force. An honest but mistaken belief in consent will also afford a defence to an assault charge.
The consequences of being found guilty of an assault charge are significant. Upon a finding of guilt, one may receive a criminal record and be sentenced to a period of incarceration. Alternatively, the court may impose a lesser sentence including probation with counselling or a fine.
Mr. Virk has the experience, resources and tools required to provide you with the most effective legal defence, often not resulting in a criminal record. It is important to remember that every allegation of theft, fraud or robbery is a fact specific inquiry. Consulting Mr. Virk will assist you with identifying potential defences to this type of allegation.