Assault Offences

Assault offences cover a vast category of charges contained 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 all sorts of assault offences, and he now uses that knowledge to defend assault offences. Robert and his team have the knowledge to expertly guide you through this process, and be your best defence.

IF YOU HAVE BEEN CHARGED WITH ANY ASSAULT OFFENCES, CALL AN EXPERIENCED CRIMINAL LAWYER AT KRASKA LAW IMMEDIATELY!

What are Assault Offences?

The charge of assault, is the most common, and least serious of all assault offences. 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.

These terms all refer to the same assault offence. Despite being the least serious of all assault offences, an assault charge can still have a significant impact on your life. Only an experienced criminal lawyer, knowledgeable assault offences has the required courtroom experience to guide you through this charge and be your best defence.

The Criminal Code defines assault 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.  Assault offences are commonly charged in domestic contexts. 

Although assault is not the most serious assault offence, its consequences are very real. Even being charged with a common assault offence 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 lowest level of assault offences can carry a jail sentence of up to 5 years. At Kraska Law our experienced criminal defence lawyers treat all assault offences seriously. This is because we know even the slightest assault offences could have a significant impact on your life. We strive to be the best criminal lawyers for your assault offences, and provide your best defence.

Different Types of Assault Offences

Assault is only one of many assault offences contained within the Criminal Code. It is often referred to as common assault, because the other types of assault in the Criminal Code, all have an added element. Some examples of other types of assault contained in the Criminal Code are:

  • Assault with a Weapon
  • Assault Causing Bodily Harm
  • Aggravated Assault
  • Sexual Assault
  • Sexual Assault With a Weapon
  • Aggravated Sexual Assault

All of the above assault offences require the Crown to prove all the elements of common assault plus an added element. The added elements vary depending on the type of assault offences being charged. The available penalties for the various forms of assault offences can range from an absolute discharge all the way up to imprisonment for life.

Assault-Offences

How an Experienced Assault Lawyer Can Help You

A criminal lawyer experienced in the laws surrounding assault offences will be able to expertly guide you through the criminal justice system. Our experienced criminal lawyers know how to handle assault offences, and they will seek to provide your best defence.

You should call a lawyer for advice at the earliest possible opportunity. The police may want to interview you, to try and convince you to answer their questions. The police are allowed to lie to you to encourage you to answer questions:

  1. The police may say that they are just investigating
  2. That they have not yet decided to lay charges.
  3. They may say that they just want your side of the story.
  4. They may comment that they just want to complete their file.
  5. They may try to gain your trust and compliance with small-talk about irrelevant topics.
  6. 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. Your silence cannot be used against you later. 

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 when charged with a assault offences.  Specifically, an assault lawyer will be able to identify any related, indirect consequences of being charged with assault offences, 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.

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 a criminal lawyer experienced in defending assault offences!