Assault Lawyer Toronto
Don’t Let an Assault Charge Affect the Rest of Your Life.
David Genis represents his clients with expertise and employs an effective strategy during every phase of a case, both in and out of court. He understands how important it is to have an experienced criminal lawyer in your corner after you have been charged with assault. David works closely with his clients, discussing events and gathering details that open doors to uncovering vital evidence. A conviction can follow you for the rest of your life. Don’t take chances with your future.
David Genis has received strong recognition in the criminal law field and has been litigating at both the trial and appeal levels since 2006.
Learn more about the four types of assault charges, listed below. For individuals being charged with domestic assault, there are additional considerations which apply. Contact us for more information.
Assault, Assault with a weapon, Assault causing bodily harm, and Aggravated assault charges
According to the Section 265(1) of the Criminal Code of Canada reads as follows:
265(1) A person commits an assault when
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- 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
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
2. Assault with a weapon
The use of a weapon in committing an assault or an assault resulting in bodily harm will attract higher penalties. The Criminal Code of Canada reads as follows:
Section 267 Every one who, in committing an assault,
- carries, uses or threatens to use a weapon or an imitation thereof, or
- causes bodily harm to the complainant,
3. Assault causing bodily harm
The Criminal Code of Canada reads as follows:
Section 269 Every one who unlawfully causes bodily harm to any person is guilty of
- an indictable offence and liable to imprisonment for a term not exceeding ten years; or
- an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
4. Aggravated assault charges
Section 268 of the Criminal Code reads as follows:
- 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
- (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- (3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where
- (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
- (b) the person is at least eighteen years of age and there is no resulting bodily harm.
- (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
The maximum jail sentence for an assault is either two years less one day, if the Crown prosecutes the case by summary conviction. Whereas, if the Crown moves forward on indictment, it is five years’ imprisonment. The maximum jail sentence for aggravated assault is 14 years. The maximum penalty for assault causing bodily harm is 10 years in jail.
Depending on the allegations, charges can be disposed or dropped, if the accused agrees to participate in remedial programs. These could include therapy, anger management programs and addiction counselling. In addition to, agreeing to sign a peace bond stating that the accused promises to keep peace and remain on good behavior. The accused may then be granted contact and cohabit with the complainant, with prior written revocable consent.
Accidentally hitting one person in an attempt to hit another is not a defence to assault. Self defense is the act that constitutes the offence committed, for the purpose of defending or protecting themselves or the other person from that use or threat of force. Likewise, a reflex hit is not considered an assault, as long as the intended victim was not attacked with intention. On the other hand, accidentally hitting someone during the course of an epileptic seizure would not constitute an assault. Another example is if touching occurs during a crowded area, the accidental application of force will not lead to an assault conviction. The application of force must be Intentional.
Using a weapon to attack someone resulting in bodily harm will attract higher penalties.
The greater harm suffered, the more likely higher the penalty. Assault is a heavy conviction which results in guilt even with no criminal record. Make sure to contact a lawyer, don’t take chances and have your name cleared.
The four types of assaults are known as assault, assault with weapon, assault causing bodily harm and aggravated assault. All four types are similar in the sense they are acted upon with force. The main difference is the application used in terms of force. Generally an assault is caused by force of “hands”, “legs” or “feet”. An assault with a weapon can involve an inanimate object.
↳ An aggressive representation designed to get your charges dismissed or reduced.
↳ Detailed explanations in English, Mandarin, Cantonese, Russian and Ukrainian language.
↳ Promptly quickly return all calls and emails.
↳ A record of winning results.
Assault charges are considered very serious crimes, and it is essential to secure representation as soon as possible after you have been charged for the greatest opportunity to secure a positive result.
Schedule a free consultation.
Call us at (647) 836-3080. You may also send us an email using the form below.
David is a member of the Law Society of Upper Canada and of the Criminal Lawyers Association