Dealing with an assault charge in Toronto can be overwhelming and complicated. Whether a threat of assault or the act itself occurred, if you’re accused of assault you can face serious penalties. Having an experienced lawyer on your side can be crucial for building your defence and navigating the criminal justice system in Ontario. Stastny Law provides skilled legal support and works tirelessly to achieve positive outcomes for our clients.
Do you want to know more about your legal options if you’re facing an assault charge? Schedule a consultation with our Toronto assault lawyers today to learn how we can help with your case. Contact our office at 416-303-5164 or email us at info@stastnylaw.com to get started.
What is Assault Under Canadian Law?
According to the Criminal Code of Canada, assault occurs when one person intentionally applies force to another person without their consent. Assault can range from simple cases to more serious charges, such as aggravated assault. In all cases, the severity of the charge will impact the penalties you face. Our experienced assault lawyers at Stastny Law understand the nuances of assault charges and work to protect your rights from the outset.
Types of Assault Charges in Ontario
Assault charges are categorized based on the nature and severity of the offence. In Ontario, you can be charged with:
- Simple Assault: This type of offence often involves minor physical force without a weapon. This is one of the most common assault charges clients we work with face.
- Assault Causing Bodily Harm: This kind of assault involves actions that result in physical harm or injuries to a victim.
- Aggravated Assault: The most serious assault charge, aggravated assault involves actions with intent to cause severe injury or disfigurement.
- Sexual Assault: Any kind of unwanted sexual contact or advances can lead to a form of sexual assault charge under the law.
- Domestic Assault: Normally, domestic assault charges will apply when threats or physical injuries take place between members of the same household. In Ontario, there may be extra regulations enforced when someone is charged with domestic assault.
- Assault with a Weapon: This charge applies to cases where a weapon is used or is threatened during an assault.
At Stastny Law, we have worked with clients facing each and every kind of assault charge over the years. As a result, our Toronto assault lawyers have the experience to assess your case and create a strategic defence on your behalf.
Defending Against Assault Charges in Toronto
When you are faced with an assault charge, the defence strategy you choose can be critical to the outcome of your case. Our Toronto assault lawyers can pursue various defence options based on the unique aspects of your situation. Common defences utilized in court include:
- Self-Defence: If it can be proven that you were protecting yourself or someone else from the complainant, self-defence may be a valid legal argument.
- Consent: In certain cases, demonstrating that the alleged victim consented to the act may lead to a case dismissal. This defence is often effective when there is mutual combat or a consensual brawl, as long as no bodily harm occurs.
- Mistaken Identity: Our lawyers will thoroughly investigate cases where misidentification may have led to false charges against you. Misidentification can occur when a complainant or witness identifies the wrong person as their attacker. Police misconduct, including aggressive or unethical suggestions during a criminal investigation, can also cause misidentification.
- Lack of Intent: If you can demonstrate that you did not intend to harm the other person or commit the assault, it could weaken the prosecution’s case.
- Credibility of the Complainant: Accusations of assault may be exaggerated or made up. The charges filed against you may fall apart upon a rigorous analysis of the complainant’s credibility. Our lawyers can use witness testimony, video footage, or electronic data to prove that the action you’re accused of was exaggerated.
- And more
The prosecution always bears the burden of proof during assault cases. Charges can be dismissed if prosecutors do not have enough evidence to support them. At Stastny Law, our Toronto assault lawyers will work tirelessly to analyze your case and choose a defence that weakens any arguments made by the prosecution. Each assault case is unique, which is why we tailor our strategies to your needs and circumstances.
What Can You Expect During Your Assault Case in Ontario?
The legal process for assault cases can be different depending on the severity of the charge. In general, you can expect your assault case to adhere to these stages:
- Investigation: Police will collect evidence from the scene and other relevant locations, interview witnesses, and review any surveillance footage related to the alleged assault.
- Arrest and Bail: If you are charged with assault, you may be arrested and have a bail hearing to determine the conditions of your release.
- Court Appearances: You will need to attend initial hearings, pre-trial conferences, and negotiations before the actual trial starts. Your lawyer will be present with you through each stage to guide you.
- Trial: Your case will be presented to a judge or a jury. Your lawyer will argue in your defence, while the prosecution will present evidence to prove why you are at fault. The outcome of your trial will depend on the judge, jury, and arguments made from both sides.
If you are convicted of assault in Ontario, there are various penalties you may face based on the offence in question. These include:
- Simple Assault: This conviction can result in fines, probation, or up to five years in prison.
- Assault Causing Bodily Harm: This conviction may result in larger fines or longer sentences for imprisonment.
- Aggravated Assault: This type of conviction can lead to life imprisonment depending on the severity and circumstances of the assault.
Our assault lawyers in Toronto work diligently to negotiate favourable outcomes for our clients whenever possible, like reduced charges or diversion programs. In addition, skilled legal representation can be important for seeking reduced or alternative sentencing options if you are convicted of charges.
Why Choose Stastny Law as Your Toronto Assault Lawyers?
At Stastny Law, we believe in providing supportive and results-driven legal services. Our assault lawyers are non-judgmental and dedicated to ensuring every client understands their rights and options. Here’s why clients trust our firm:
- Experienced Defence Team: Our lawyers have years of experience defending assault cases in Toronto and throughout Ontario.
- Tailored Legal Strategy: We customize our approach to each case, thoroughly reviewing evidence so that we can build a strong and unique defence for every client.
- Supportive Client Relationships: We are committed to answering all of your questions, communicating with you clearly, and guiding you through the legal process from start to finish.
Contact Our Assault Lawyers in Toronto at Stastny Law Today
If you or someone you know is facing assault charges, reach out to Stastny Law. We will work tirelessly to determine how we can best defend your case in court. Our goal is to help you return to normal life as soon as possible.
To schedule a consultation with our team, you can call our Toronto office at 416-303-5164 or email us at info@stastnylaw.com. Don’t waste any time – get started fighting your assault charges today.
