Assault/Domestic Assault

What is Assault?

Assault is defined as any intentional contact with another person without their consent. It does not have to involve violent force, nor does the victim have to actually suffer harm. In some cases, even the threat to apply force may be enough to merit an assault charge. Where there is actual harm inflicted, depending on the injuries and evidence, the charge may be upgraded to assault causing bodily harm, aggravated assault, or even attempted murder.

Defences in Assault Cases

There are a number of valid defences to assault and other violent offences in the Criminal Code. If the alleged assault victim consented to the application of force, or if the defendant was acting in self-defence and used reasonable force to defend themselves, then the defendant may be able to obtain an acquittal.  Every case is different and will depend on the specific details and circumstances of the alleged assault, but relevant evidence in assault cases may include the degree of force used by each party, how much harm was caused, who provoked the assault, and whether the defendant intended to cause bodily harm or death.

Domestic Assault

Domestic assault charges are the sub-set of assault charges involving ones domestic partner, and are taken very seriously by Canadian authorities. Many people have a mistaken belief that the complainant (sometimes called the victim) is responsible for pressing assault charges, and as a result, it is the complainant who gets to choose to withdraw the charges if they wish. This is incorrect. All criminal charges, including domestic assaults, are almost always laid by the police officers who responded to the incident or took the complaint. Once charges are laid, it is only the Crown Attorney who has the ability to drop the charges.

If prosecutors are considering dropping the charges, they will seek input from the police and the complainant, but the final determination as to whether or not a charge proceeds is in the sole discretion of the Crown Attorney. Domestic charges, in particular, are vigorously prosecuted by the Crown Attorney’s office. Release after arrest on a domestic assault charge, whether from the police station or from the bail court, almost always includes a “no contact” order, which forbids the accused from having any contact with the complainant directly or indirectly (i.e., by phone or e-mail/text/social media, or through a third person). If there is contact or attempted contact that comes to the attention of the police, the defendant will inevitably be re-arrested and charged with breach of the release order. If this happens, the defendant may have difficulty obtaining release a second time and may remain in custody pending a trial.

No contact orders can complicate family and domestic relationships, particularly if children are involved. The lawyers at Eisen Dyer LLP can assist with defending the charges and, when appropriate, with varying a release order to mitigate the impact of a no contact order. In some cases, we can work with our clients to explore the possibility of resolving a domestic assault case through the use of an Early Intervention Program which may allow the client to resume contact with the complainant and even return to the matrimonial home earlier.

Consequences of an Assault Conviction

The Crown will aggressively prosecute assault cases, particularly domestic assaults. Depending on the circumstances, if convicted, the sentence can range from a discharge to a lengthy jail sentence. Fines and probation are also often involved after a conviction for assault. In addition, an assault conviction can result in an order requiring you to provide a sample of your DNA to the databank kept by the R.C.M.P. and a court-ordered weapons prohibition. A conviction can curtail a person’s ability to travel and to obtain future employment or education. It can also negatively impact your family law proceedings, immigration status, and personal reputation. 

Assault and domestic assault charges can involve complex legal issues and procedures.  The experienced criminal defence lawyers at Eisen Dyer LLP have a strong track record of providing exceptional representation to those accused of an assault or domestic assault and are well-versed in the law surrounding these charges.  We will zealously defend your rights, and will work tirelessly towards the best possible resolution to your case.