Section 265(1) of the Criminal Code of Canada, defines assault as:
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.
Common assault is the lowest level of assault and is a commonly laid offence by Police. Given the fact that this definition of assault it so broad, many individuals may be facing assault charges and will need an experienced assault lawyer to help them navigate the court process.
Domestic assault is considered to be a serious crime, which is usually dealt with by a team of designated Crown prosecutors. A domestic relationship can include a wide range of relationships, including a relationship between a boyfriend and girlfriend, husband and wife, and common-law partners (including same sex partners). It also encompasses relationships with children and any extended family members.
You should consult an experienced domestic assault lawyer as soon as possible so that you are aware of your rights and the general court process.
If you are looking for advice on any matter concerning assault charges, please contact Sanja Mavrak at (416) 554-4974.