To understand how you may be able to fight your Ontario assault charges, first you must understand what an “assault” is. An assault is the intentional application of force, no matter how slight, on an individual without his or her consent. An assault can also include words, acts or deeds that are not an application of force but might reasonably lead someone to fear that a use of force is coming. This can be something as trivial as a tap on the arm or a fake punch that was never meant to connect or something much more serious. The same charge encompasses some of the most minor and some of the most major criminal acts. Defences such as “self-defence”, “consent fight”, “defence of property” or a “third-party” are all very important when dealing with any kind of assault.

Some assaults are considered more serious than others.

Domestic Ontario Assault Charges

Assaults that occur in the course of a domestic relationship (married partners, common-law partners, dating couples, parent/child) are treated differently in the Criminal justice system. The Criminal Code makes the fact that an assault is in the context of a domestic relationship, an aggravating factor upon sentencing. However, these are often the most difficult cases for the Crown to prove as the intricacies and complications that occur in a domestic relationship can make it difficult to determine who did what and why. There is also a great public interest in educating people involved in minor domestic assaults in order to prevent these crimes from happening. Domestic relationships often involve power imbalances in the relationship, and the Courts understand that sometimes false allegations are made because of the power shift that can occur when one person in a relationship gets charged. Managing a solution to a domestic assault charge that ensures a safer domestic atmosphere as time goes by, and respects the rights of the truly harmed in allegations of domestic assault, can help to resolve many of these charges. Understanding public perception and the responsibilities imposed on Crowns and police, helps Aitken Robertston resolve these matters in the most positive way for you.

Sexual Ontario Assault Charges

Sexual assaults are assaults which involve some nature of sexual touching or sexual overtone. These can range from something as minimal as a mere touch of the wrong body part of the other person, up to, and including, a rape. With any and all kinds of sexual assault cases, there are very severe penalties beyond the usual ones like jail and probation, including: DNA orders, weapons prohibitions and registration in the National Sex Offender Registry. The severity of those punishments can have long reaching effects on a person’s life and we recognize the need to work with and around those punishments to achieve the best result for you. Most sexual assaults are not those at the more severe end of the range. Showing a lack of sexual intent in the assault can lead to positive resolutions. The importance of minimizing further effect on a victim can often mitigate the sentence or plea sought by a Crown and imposed by the Court.

Fight Your Ontario assault charges! Call our lawyers at 1-800-668-1657 or visit one of our offices to get free 30-min consultation.

Recent Successes With Assault Charges

Acquittal – Assault Charge in Oshawa (Case Study)

It was three in the morning and everybody had been drinking. Both Ms. V. and Mr. G. had in the past cheated on each other, but both had, each time, forgiven the other. On this night, Mr. G., looking in Ms. V.’s phone, found that the name of the man she had cheated on him with, was still in her contacts. Accusations flew and tempers flared. Mr. G. called the police and told them that Ms. V. had punched him in the face several times and kicked him in the groin. When the police came to arrest Ms. V. at her home she told them that Mr. G. had gone through her phone and noticed that the man she had cheated with was still in her contacts. He was very upset, yelling at her and kicking bathroom cupboards. They exited the bathroom and continued to argue.
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Acquittal – Assault Charge (Case Study)

In the course of an argument some things are said. The step-daughter, in her room with her boyfriend, over-hears the argument between her father and Ms. B. in the next room and realizes that Ms. B. had revealed the secret to her father. The girl flies into a rage and storms into the room towards Ms. B. who grabs Ms. M. by the arm. Ms. M. falls to the floor. Enraged, by what has just occurred, Mr. M. attacks Ms. B., throws her down on the couch and starts to choke her. The step-daughter's boyfriend pulled Mr. M. off Ms. B. Both Mr. M. and Ms. B. call 911. Only Ms. B. is charged with assault.
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Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference (Case Study)

Mr. G. had been the step-father of the complainant “C.” who was 19 at the time of trial but had been approximately 13 at the time of the alleged incidents. C. accused Mr. G. of touching her in a sexual way on three occasions. Mr. G. denied all the accusations.
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