Assault Charge (Simple Assault)

There are many of assault charges that exist in the Criminal Code. All of these charges have specific sections in the Criminal Code. At Kraska Law, our team of top rated criminal defence lawyers are led by Robert Kraska, a former Federal and Provincial Crown Attorney. Robert made his reputation by prosecuting these cases. As a result, Robert has seen it all. He and his team have the knowledge to expertly guide you through this process, and put forth your best defence.

CONTACT A CRIMINAL LAWYER IMMEDIATELY IF YOU’VE BEEN CHARGED WITH ASSAULT

 

What is Assault?

The charge of assault is the most common, and least serious, of all assault charges. It is charged under s. 266 of the Criminal Code of Canada, and it is often referred to by many names, including:

  • Assault;
  • Common Assault;
  • Simple Assault;
  • Assault Level I;
  • Assault, s. 266.

All of these names refer to the same assault charge, and it is a charge that can have a significant impact on your life. It is critical to understand that only an experienced assault lawyer, knowledgeable in this area of law, has the required courtroom experience to guide you through this charge and put forth your best defence.
In the Criminal Code, assault is defined as the intentional application of force to another person without their consent. This is a very broad definition and can include anything from a push, a slap, a punch, a shove, or even spitting. An assault charge (simple assault) is often a charge laid in a domestic assault context.
Although this is not the most serious assault charge, it should not be taken lightly. Even a regular assault charge (simple assault), can result in serious penalties. Section 266 of the Criminal Code states that:

266 Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.

So even the slightest of assaults can carry a significant impact on your life. Even though it is the least serious of assault charges, at Kraska Law our experienced criminal defence lawyers will take your assault charge seriously. This is because we know even the slightest assault could have a significant impact on your life. We will strive to be the best assault lawyers for your case, and provide your best defence.

How an Experienced Assault Lawyer Can Help You

An experienced criminal defence lawyer, well versed in Assault law will be able to identify the issues in your case, and give you proper guidance through this stressful process.

You should call a lawyer for advice at the earliest possible opportunity. The police may want to interview you at the outset. The police can lie to you to encourage you to answer questions:

  1.       The police may say that they are just investigating, and have not yet decided to lay charges.
  2.       They may say that they just want to hear your side of the story.
  3.       The police may comment that they just want to complete their file by getting everyone’s version of events.
  4.       The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story.”

A failure to answer police questions, or provide your version of events, is not a sign of guilt, you have a right to remain silent.

An experienced criminal defence lawyer will make sure that you are aware of that right, as well as all of the other rights you have throughout the process.  Specifically, an assault lawyer will be able to identify any potentially related, indirect consequences of such a charge, such as:

  1.       Non-communication / No-contact Orders
  2.       Employment consequences
  3.       Travel restrictions
  4.       Immigration consequences
  5.       Impacts in family or civil court proceedings

An experienced assault lawyer will ensure that you are informed of all of these items. At Kraska Law we are well versed in assault charges (simple assault). We will identify your specific concerns, and fight to protect your interests. We will strive to successfully negotiate the end of your case at the earliest opportunity. If we are not able to arrive as a favorable negotiation, then we will fight the case at trial. In either instance, we will strive to be the best assault lawyers for your case.

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Why Our Clients Choose Kraska Law

1. We Listen

At Kraska Law, you are not just another case, we care. We listen to all of our clients, keep them updated about their case, and actively work with our clients to put forth their best defence.

2. Experience

Our team boasts over 40 years of combined experience in criminal law. We have experience prosecuting and defending criminal cases. With that knowledge and experience, we’ve done it all.

3. 24/7 Open Communication

Our team is always available to help and a team member is always available to answer your questions. We encourage communication by not charging hourly or per phone call, so our clients are never pressured into deciding whether or not they should call us.

4. Free Consultation

We offer free consultations, 24/7. You cannot choose when emergencies happen, so, at Kraska Law, we are always ready to respond.

5. Flexible Payment Plans

We work with our clients to create structured payment plans that work for you.

6. Success Rate

Above all else, our clients choose us for our results. Our clients recommend us to their family and colleagues because of the results we have achieved for them. We will strive to be the best criminal defence lawyers for your case, and earn that same recommendation from you.

Call today for your free and confidential consultation with an experienced criminal defence assault lawyer!