If you have been charged with assault, you may be feeling overwhelmed and unsure of where to turn. You may have a million questions running through your head, and not know who to ask for answers. This is completely normal.
In this blog post, we will answer seven common questions that people often have about assault law. A common assault lawyer will provide expert insight on each question so that you can gain a better understanding of the laws surrounding this complex topic.
Check Out The FAQs:
1: What is assault?
In Ontario, the legal definition of assault is “the intentional application of force to another person without that person’s consent.” This means that you can be charged with assault even if you didn’t actually cause any physical harm to the alleged victim. Simply making contact with someone in a way that is unwanted and offensive can be considered assault.
2: What are the different types of assault?
There are three main types of assault: common law assault, aggravated assault, and causing bodily harm or assault with any sort of weapon. Common law Assault is the most minor form of assault, and usually involves little or no injury. Aggravated Assault is a more serious charge, and is usually laid when the victim suffers from a wound or disfigurement. Assault with a weapon is the most serious type of assault and can lead to jail time if you are convicted.
3: What are the penalties for assault?
The penalties for assault depend on the type of assault that you have been charged with. For common law Assault, the maximum penalty is a fine of $5000 and up to two years in jail. For Aggravated Assault, the maximum penalty is a fine of $5000 and up to 14 years in jail. For causing bodily harm, the maximum penalty is a fine of $5000 and up to 18 years in jail.
4: What are the different types of defenses to assault?
There are several different defenses that can be used in an assault case. The most common defense is self-defense, which can be used if you were acting in order to protect yourself from harm. Other defenses include consent, where the alleged victim consented to the contact; accidental contact, where there was no intention to cause harm; and provocation, where the accused was provoked into committing the assault.
5: What should I do if I am charged with assault?
If you have been charged with assault, it is very important that you seek out legal assistance as soon as possible. This is a serious charge, and you will need an experienced lawyer to help you navigate the legal system. You can find a team of dedicated assault lawyers who are ready to fight for you. Contact them today to schedule a free consultation.
6: What is the difference between Assault and Battery?
In Ontario, there is no legal distinction between Assault and Battery. The term “Battery” is often used to describe a situation where the accused actually caused physical harm to the victim, but this is not required for an assault charge.
7: I was involved in a bar fight, can I be charged with assault?
Yes, you can be charged with assault even if the fight occurred in a bar. It is important to note, however, that you can only be charged with assault if you intended to cause harm or made contact with the victim without their consent. If you were acting in self-defense, or if the fight was consensual, you cannot be charged with assault.
As you can see, there are a lot of complex laws surrounding assault. If you’ve been accused of assault, you should contact a criminal defense lawyer right away.