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Aggravated Assault - Kruse Law

The Complexities of Assault

Criminal assault is one of the most commonly filed criminal charges in Canada, primarily because it’s an issue that affects people of all ages and backgrounds.  The Crown takes assault cases very seriously and pursues them accordingly. Assault is known as a “hybrid offence,” which means that the Crown may elect to proceed through summary conviction or indictment at its discretion. Penalties range from stiff fines to lengthy jail terms; the far-reaching implications of conviction can include the inability to find employment, the limitation of educational opportunities and restricted travel inside and outside Canadian borders. Serious assault offences – such as those involving weapons – carry proportionately harsher sentences.

What Does Aggravated Assault Look Like?

On a basic level, any unwanted physical contact can be classified as an assault, including that which isn’t of a violent nature. Prosecutors typically explore a number of factors when looking at such charges, including the degree of force required to be considered assault (though the mere threat of force may be sufficient to be considered assault in many instances), how much harm or injury was inflicted, and the penalties that correspond to the nature of the charge. The infliction of harm is not required in order to obtain a conviction; actual harm or injury may cause the charge to be upgraded to assault with bodily injury or even attempted murder.

How an Experienced Defence Lawyer Can Help With an Assault Charge

For assault, as with all criminal offences, the Crown is required to prove these charges beyond a reasonable doubt in order to secure a conviction. It will have to prove that the complainant did not consent to the application of force and that you are the person who committed the assault; this can be difficult if the complainant can’t positively identify you. The Crown must also prove that you were not acting out of self-defence when the incident occurred – failure to do so usually results in the dismissal of the charges. An experienced and skillful criminal defence lawyer can give you the best chance of attacking the Crown’s case and evidence.  For example, an effective cross-examination can discredit the testimony of an eyewitnesses or the complainant. A good criminal defence lawyer will have a thorough understanding of the law and rules of evidence; crucial elements in developing the strongest possible defence to an assault charge.

The Kruse Law Firm – Experienced Ontario Criminal and DUI Defence Lawyers

Based in Ontario, the Kruse Law Firm has been providing top tier criminal legal defence for the last 20 years, specializing in criminal law defence but widely acknowledged as one of the leaders in DUI defence strategies.  “Tell us your side – we’ll handle it” is the mantra by which Michael Kruse and his team of legal professionals operate, wanting each of their clients to rest assured that their case is in the best possible hands, and knowing that they will be properly represented when their day in court arrives. Michael Kruse has earned a reputation within the legal community for passion, commitment, and expertise across all areas of criminal law. Call (866) 240-5088 or send an e-mail to defence@kruselaw.ca for a free, no-obligation consultation.