Decoding Assault Under Canadian Criminal Code

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As per the Canadian law, assault falls under the scope of the Canadian Criminal Code. The code defines it as an act of applying, attempting, or threatening to apply force to another person without their consent. However, if you have been assaulted and want some legal remedy, you must prove both the act and the fact that it was intentional. As proving a guilty intent is fundamental in an assault case, it is always better to get the help of a good Toronto assault lawyer.

What Constitutes Assault

Unlike popular belief, assault comes in various forms and degrees. An assault can be an intentional application of force, a threat to apply force or using a weapon to threaten. Depending on the type of assault, the punishment is determined.

Applying Force

The first and most common form of assault is the application of force. This includes intentionally applying force to another person without their consent. The force can be as minor as a push or shove, or it can be as major as well. The application of force can also be distinguished based on whether it was direct or indirect.

Threatening To Apply Force

Another common kind of assault is where the assaulter threatens to apply force. While there is no real use of force here, the attempt or threat to apply force constitutes an assault. However, in such a case, it is required to have a reasonable doubt that the assaulter has the ability to do so. This can be through a gesture or an act, such as lunging at someone.

Threatening With A Weapon

If a person threatens to use a weapon on you, then the act will be considered an assault as per the Canadian Criminal Code. Just as in the case of threatening to apply force, here too it is required to have a reasonable doubt that the assailant can cause the harm they threaten. Therefore, this will include accosting or impeding another person while openly wearing or carrying a weapon or an imitation of one.

Key Elements For A Conviction

As a case of assault falls under the scope of criminal law, a conviction under the same can alter the course of someone’s life. Therefore, to ensure justice without wrongfully charging an innocent person, the Canadian Criminal Code has laid down the key elements that your Toronto assault lawyer must prove to convict the wrongdoer.

Intent:

The first thing to prove is a guilty intent, that is, the accused intended to commit the act. This means, accidentally pushing someone during an argument may not be an assault if the intent was not to harm.

Act:

The next thing to prove is that the act was committed. This includes the actual use of force, threatening to use force, or using a weapon, and having the ability to do so. So, the accused will only be convicted if they have actually performed the act of assault.

Lack Of Consent:

And finally, there should be a lack of consent. The victim must not have consented to the force or the threat. If the victim consented to the force, then it will constitute assault.

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