Definition

As defined by the Criminal Code, an assault does not necessarily involve actual physical contact with another individual.  There are a variety of ways an assault can be committed.  The most typical is the intentional application of force to another individual without their consent.  However, in some circumstances, even the mere threat to apply force can lead to a conviction for assault.

A true accident does not satisfy the definition of assault.  If the application of force was not intentional, you have not committed an assault.  In addition, if the application of force was in response to the use, or threat, of force against you or another person, you may have been acting legitimately in self-defence.  In order to qualify for this defence, the force or threat used must be proportionate in the circumstances.

Consultation with an experienced criminal defence lawyer is essential in order to properly understand whether your actions meet the legal definition of assault, or whether or not they involve a legitimate case of self-defence.

Aggravated Assault/Assault Causing Bodily Harm

At the more serious end of the spectrum are assaults that lead to physical injury.  Depending on the harm caused, you may end up being charged with either Assault Causing Bodily Harm or Aggravated Assault.

Assault Causing Bodily Harm applies where the assault results in some degree of harm to the complainant that is more than momentary.  It is a fairly low standard and need not involve an “injury” in the everyday sense.  Any impact that leads to an interference with the complainant’s health or personal comfort can support a finding of “bodily harm”.

Aggravated Assault is the most serious assault charge and applies where the injury caused is significant.  It is defined in the Criminal Code as any assault that “maims, disfigures or endangers the life of the complainant”.   A conviction for Aggravated Assault will often attract a significant jail sentence.

Defences

Not every intentional use, or threat of use, of force can serve as the basis for an assault conviction.  As mentioned, if your actions were legitimately taken in order to defend yourself, the defence of self-defence may be available to you.  In addition, if the complainant consented to the contact then no assault has occurred.  Further, even if the complainant did not actually consent to the assault, if the accused legitimately believed that consent was provided, the defence of “mistaken but honest belief” may be successful.

A conviction for any of the assault offences carries significant consequences.  In addition to the burden and stigma of a criminal conviction, individuals may face challenges with employment, travel and/or immigration.  A free initial consultation with a SWH lawyer can assist you in understanding your options as they relate to the facts underlying your charge.  Representation throughout the court process is critical to ensure that all possible avenues are explored in either defending the charge or negotiating a favourable resolution.

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