Assault | Domestic Assault | Criminal Lawyers in Brampton

Our team of experienced Brampton Criminal defence Lawyers represent clients charged with Assault, including domestic assault, assault causing bodily harm, assault with a weapon, aggravated assault, sexual assault, sexual assault with a weapon, sexual interference, kidnapping, forcible confinement, Indecent exposure Act, hate crimes, child neglect, criminal negligence and more in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario.   At Scardicchio Law Office Professional Corporation, our Criminal Lawyers in Brampton defend all Assault charges.   If you have been charged with an assault, contact our team of experienced Criminal Lawyers who will defend your case and get you results.  Call for a free consultation.

Domestic Assault Charges - There is no separate charge for a Domestic Assault under the Criminal Code of Canada.  Under the Code, Assault, including an assault of a domestic nature, is found under Section 266 of the Code.  Domestic Assaults, however, are treated differently within the courts in Ontario.  There are usually domestic violence Crown Attorney's who form a domestic violence team at each court house.  These Crown Attorney's are well versed in domestic related cases and vigorously pursue these types of cases.  Many people accused with domestic assault charges ask whether the charge can be "thrown out" if the complainant "takes back" or recants their initial complaint to the police.  The simple answer is, no.  There are some circumstances, however, that an experienced domestic assault defence lawyer will be able to defend your domestic assault charges where a complainant has recanted. It is important to hire a Criminal Lawyer immediately before your first court date so your lawyer can make the appropriate requests and submissions during your initial court appearances in order to protect your rights.

Assault is defined under Section 265 of the Criminal Code of Canada 

Section 265(1) states that:  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.     

There are some defences that can be pursued by an experienced Criminal Defence Lawyer.   Self-defence is one type of defence that can be used, depending on the circumstances of each case and how the evidence comes out.

There are some aggravating circumstances that may be present in particular cases.  For example, was a weapon used; the extent of the injury to the complainant; and whether medical intervention required.

Some other Assault charges can be found below that our Criminal Lawyers have experience defending:

Uttering Threats section 264.1 Everyone commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily har to any person; (b) to burn, destroy or damage real or personal property, or; (c) to kill, poison or injure an animal or bird that is the property of any person.  

Assault with a weapon or causing bodily harm section 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of a offence punishable on summary conviction who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof; (b) causes bodily harm to the complainant, or (c) chokes, suffocates or strangles the complainant.

Aggravated assault  section 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.   Punishment for a person convicted of an indictable charge of Aggravated assault is liable to imprisonment and liable for a term not exceeding fourteen years.

Assaulting a peace officer  270 (1) Every one commits an offence who  (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;  (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or  (c) assaults a person  (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or  (ii) with intent to rescue anything taken under lawful process, distress or seizure.     

Assaulting peace officer with weapon or causing bodily harm  270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,  (a) carries, uses or threatens to use a weapon or an imitation of one; or  (b) causes bodily harm to the complainant. 

Aggravated assault of peace officer  270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.