Assault Lawyer in Vancouver BC

Our Criminal Defence Lawyers defend all types of assault charges, which may include: “common” assault, domestic assault, assault causing bodily harm (ACBH), assault with a weapon, sexual assault, or aggravated assault.

warning: The Information on This Page is Provided to Assist the Reader and Is Not a Replacement for Legal Advice from A Qualified Lawyer.

Assault

“Common” or “Simple” Assault is the typical name of an offence under Section 266 of the Criminal Code.

A person will have committed assault if they intentionally apply force to another person without their consent. This can be done directly or indirectly. A person may also commit assault if they attempt or threaten to apply force to another person.

The broad definition of assault under the Criminal Code makes it very easy to commit assault. Essentially, any contact with another person without their consent is enough to charge a person. This includes a simple push or shove. Even just a physical gesture towards another person may lead to you being charged with assault.

Although the threshold for assault is not very high, it is crucial that you understand the requirements. For example: What does it mean to apply force? What is intention? What is an attempt or threat? What does it mean to consent?

Our Criminal Defence Lawyer, Lucas Pearce, can meet with you, listen to your circumstances, and give you legal advice on what to do if you are concerned that you have been or may be charged with assault.

Domestic Assault

Although there is no special criminal code section relating to domestic assault, in recent years, there have been many policy changes that now characterize specific types of assault as domestic assault. As a result, certain police and government mandates illustrate the unique and tricky nature of defending these types of assaults.

Domestic situations may be characterized by husband and wife, common law spouses or potentially just significant others. Due to the complexities of domestic relationships, assaults in these situations require a much different approach than other assaults. For example, there may be children involved or there may be a history of violence.

Whatever the uniqueness of the situation is, it is important to understand how charges of domestic assault are received and reviewed by the government, as often it starts right when the 911 call is received. If you are involved in a domestic assault situation and need to know your options, get in touch with Pax Law as soon as possible.

Assault Causing Bodily Harm (“ABCH”)

One offence under Section 267 of the Criminal Code is committed when someone assaults another person and causes bodily harm to that person. Much of the same requirements as assault must be present.

Understanding the nature of bodily harm is very important if you have been charged under this section, which may include any injury to a person that interferes with someone’s health or comfort. For example, minor bruising or swelling may constitute bodily harm. Like assault, it does not require much to cause bodily harm to another person.

It is also important to understand that a person cannot consent to bodily harm. In other words, if you are charged with ACBH, you cannot claim that you obtained consent from the person you caused bodily harm to.

Assault with a Weapon

Another offence under Section 267 of the Criminal Code is committed when someone uses or threatens to use a weapon when committing assault of another person.

Most people understand some of the more obvious definitions of what a weapon is. For example, guns and knives. However, understanding the Criminal Code definition of a weapon is important. Under the Criminal Code almost anything can be used as a weapon if it is designed or intended to be used as such. This may include things such as, a pen, a rock, a car, a shoe, a water bottle, or a stick.

As you can see, assaulting someone with the use of any item may result in being charged under this section. It is not just the conventional and obvious items that can be used as a weapon under the Criminal Code.

Sexual Assault

An offence under section 271 of the Criminal Code is committed when any assault occurs in circumstances of a sexual nature. Like many forms of assaults, the difficulties arise due to the broad nature of the section and what constitutes “sexual nature.” It is hard to distinguish horrific acts of sexual assault from momentary non-consensual touching.

In sexual assault cases much of the result depends on the credibility of witnesses. It is often a case of he-said-she-said when determining the truth of what has happened. Both the victim and the alleged offender typically have very differing views as to the circumstances that led to the charges.

There are also defenses to sexual assault that are based on what the alleged offender believed in the circumstances. As such, careful review of the police reports and witness statements is paramount when dealing with charges of sexual assault. It is crucial that you speak to a lawyer as soon as possible if you are concerned that you may be charged with sexual assault.

Aggravated Assault

An offence under section 268 of the Criminal Code is committed when someone wounds, maims, disfigures, or endangers the life of another person. Aggravated assault is an extremely serious criminal charge.

Whether someone has wounded, maimed, disfigured or endangered the life of another person will always be determined on a case-by-case basis. Some examples are breaking someone’s bones, dislocating someone’s joint or giving someone a concussion. It is important to understand that there is no exhaustive list as to what qualifies as wounding, maiming, disfiguring or endangering the life of someone. A careful review of any injuries sustained is very important when considering the a charge of aggravated assault.

FAQs

Assault – What is the most common type of assault?

“Simple” or “Common” assault occurs when there are no weapons involved and no bodily harm caused to the victim. Perhaps a fistfight or just pushing another person.

Assault – Is throwing something at someone assault?

Assault is using force against someone without their consent. Throwing an object at someone, punching, or scratching them, or even spitting on them without their consent can be assault.

Assault – Is verbal abuse assault?

You can be charged with assault if your words threaten another person’s life, health or property.

Assault – What is the minimum sentence for assault in Canada?

This is no minimum sentence for assault in Canada. However, the maximum penalty for simple assault is five years in prison.

Domestic Assault – What happens if I call the police on my spouse or significant other?

If you call the police on your spouse or significant other and report that you have been abused or harmed, officers will likely come to your home and arrest your spouse or significant other.

Domestic Assualt – How do I drop the charges against my spouse or significant other?

Much of the confusion regarding domestic assault cases comes form the victim thinking that they are the ones “pressing charges.” It is not the victim who actually “presses charges.” They are simply a witness in the alleged assault.

In BC, the police are the ones who recommend charges to Crown Counsel (the government). It is then up to Crown Counsel whether your spouse or significant other will be charged with a criminal offence. It is important to understand that it is NOT up to you whether your spouse or significant other will be charged.

Domestic Assault – How can I change my no contact order with my spouse or significant other after they have been arrested?

If you have been provided some documentation from the police that require you to not contact your spouse or significant other, the only way to have this changed is with a court order. You must apply to the court, usually after speaking with Crown Counsel, to change any conditions that have been imposed on you. Due to the uniqueness of domestic assault charges, the assistance of a lawyer is highly recommended.

ACBH – What is the meaning of bodily harm?

Bodily harm is broadly defined. Under the Criminal Code it is considered any hurt or injury to a person that interferes with the health or comfort of that person. It must be more than momentary or temporary. Examples may include bruising, scraping, or scratching. There is no exhaustive list as to what bodily harm is, however, it is important to understand that the threshold is not very high.

ACBH – What is the difference between bodily harm and assault?

Assault causing bodily harm requires injuring someone that interferes with their health or comfort. Typically, something that you can physically see. “Simple” or “Common” assault does not require the same outcome, rather simply the non-consensual touching, or threatening, of another person.

ACBH – What is the minimum sentence for assault causing bodily harm Canada?

There is no minimum sentence for assault causing bodily harm in Canada. However, the maximum penalty for assault causing bodily harm can be up to ten years in prison.

Assault With a Weapon – What can be considered a weapon under the Criminal Code?

Almost anything can be used as a weapon for the purposes of committing this form of assault. This may include things such as, a pen, a rock, a car, a shoe, a water bottle, or a stick.

Assault With a Weapon – What is a defence for assault with a weapon in Canada?

The most common defence is self-defence. To succeed, the accused person must satisfy the Court that they had reasonable grounds to believe that they were being assaulted and that the accused’s actions were reasonable.

Assault With a Weapon – What is the minimum sentence for assault with a weapon in Canada?

There is no minimum sentence for assault with a weapon in Canada. However, the maximum penalty for assault with a weapon can be up to ten years in prison.

Sexual Assault – How does a court determine he-said-she-said situations?

The credibility and reliability of the witnesses who testify (give oral evidence) in court is typically the main factor in these situations. It is important to also understand that credibility and reliability do not necessarily mean the same thing. Someone may seem very honest (credible) when giving evidence, however, the length of time that has passed from when the incident occurred may be years, which may make the evidence unreliable.

Sexual Assault – What is the meaning of “sexual nature?”

The act of sexual assault does not depend solely on contact with a specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim.

Sexual Assault – What is the minimum sentence for sexual assault in Canada?

There is no minimum sentence for sexual assault unless a restricted firearm is used in the commission of the offence; where, in the case of a first office a minimum of five years in prison is imposed and in the case of a second offence, a minimum of sever years in prison is imposed. For other types of sexual assault, depending on the age of the victim or whether bodily harm was inflicted, the maximum sentence can range from 18 months to 14 years.

Aggravated Assault – What is the difference between assault causing bodily harm and aggravated assault?

Assault causing bodily harm entails less serious injuries like bruising, scrapes and cutting. Aggravated assault is reserved for assaults that wound, maim or endanger the life of the victim – a severely broken bone or perhaps a dislocated someone’s joint.

Aggravated Assault – What is a defence for aggravated assault in Canada?

Aggravated Assault – What is the minimum sentence for aggravated assault in Canada?

Aggravated assault is a very serious offence. There is no minimum sentence for aggravated assault, however, depending on a variety of factors you could face up to 14 years in prison. If convicted of aggravated sexual assault, you could receive a life sentence in prison.