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Assault - Engel and Associates

Assault on another person is a serious act of misconduct, and the legal system in Canada imposes some fairly stiff penalties for the commission of such a crime. For this reason, if you have been charged with assault, it is important to secure and retain the services of a qualified, experienced assault lawyer, one who is familiar with how this charge is prosecuted in and around the Ottawa area.

What is assault?

The legal definition of assault is simply “the intentional application of force, either directly or indirectly, to another person without that person’s consent.” Assault may be physical or verbal; both forms are illegal and may be successfully prosecuted.

Assault may also consist of an attempt or threat, through an act or gesture, to apply unwanted force against someone else. In cases such as these, the government must prove that the accused had the present ability to actually carry out the assault, or that the victim had sufficient reason to believe that the accused had that ability. Courts do not generally consider the degree of alarm the victim felt or the actual intent to carry out the threat to be relevant to a finding of guilt on an assault charge.

The threat must produce an apprehension of imminent personal violence; a threat to inflict harm at some unforeseen time in the future is not considered an assault. Further, words alone, while they may constitute a threat, are rarely prosecuted as actual assaults.

Assault Cases In Ottawa: Procedures and Penalties

Assaults in Ottawa are normally prosecuted in one of two ways: by summary conviction or by indictment. Most cases of simple assault will be handled through a trial by summary conviction; a defendant may be liable for a fine of up to $2000 or 18 months in prison (or in some cases, both a fine and prison time). In some cases, a defendant may be given probation; this usually comes with the conditions that the convicted has no contact with the victim, and participates in anger management counseling.

An Ottawa Assault Lawyer Can Help

If you have been accused of assault, whether you are guilty or not, you should retain experienced legal counsel. A specialized assault attorney will be familiar with the legal issues related to this charge, as well as the manner in which local judges handle it. Assault lawyers can prepare and mount a defence on your behalf, and may be able to minimize the charges or perhaps even have them dismissed altogether.

For over two decades, Bruce Engel has been one of the preeminent criminal lawyers in the Ottawa area, bringing his expertise and professionalism to literally hundreds of different cases. He is committed to going the extra mile for each of his clients, and doing what is necessary to mount the most effective criminal defense possible. His team handles many types of criminal defense, including assault, in Ottawa and the surrounding communities. The Law Offices of Bruce Engel are located at 116 Lisgar St. Suite 210 Ottawa, ON K2P 0C2, and may be reached by calling (866) 762-9250.