Winnipeg Assault Lawyer

What is Assault?

Assault is a serious offense that occurs when someone intentionally applies force, either directly or indirectly, to another person without their consent. It’s important to note that the force used does not have to cause harm to the victim; it simply needs to be offensive in nature. Assault can range from actions like grabbing or pinching to more severe actions such as punching or kicking.

If the assault occurs within the context of a domestic relationship, it is referred to as domestic violence. Cases of domestic violence are taken very seriously by the authorities, including the police, Crown Attorney’s office, and the Court.

Consequences for an Assault Charge

Being found guilty of assault can have significant consequences. Upon conviction, a judge can impose various penalties, including:

• A maximum sentence of five years in prison.
• Up to three years of probation.
• A criminal record.
• Large fines.
• An order to provide a sample of your DNA to the national database.
• A prohibition preventing you from owning or possessing firearms.

Having a criminal record for assault can greatly impact your ability to secure employment and travel internationally.

Defending an Assault Charge

When facing a charge of assault, it’s crucial to have a solid defense strategy. The first step is to review all the evidence gathered by the police during their investigation to identify strengths and weaknesses in the Crown’s case. Additionally, I will conduct a thorough interview with you to obtain your side of the story and gather important information for the defense.

There are several possible defenses for assault charges. For example, an assault requires the application of force to be intentional. If you accidentally hit someone during a slip or epileptic seizure, it would not be considered an assault. However, if you recklessly swing your arms around in a crowd and accidentally hit someone, this defense would not be available.

Another common defense is self-defense. The law recognizes that a person has the right to use physical force to repel an attack in order to protect themselves, their property, or another person. However, the force used must be reasonable in the circumstances. For instance, using a gun to defend yourself in a fist fight would likely not be seen as reasonable. On the other hand, if you grab a baseball bat to defend yourself against someone wielding a machete, the Court may consider it reasonable depending on other factors.

It’s important to note that every case is unique and requires a thorough assessment of the evidence to determine the best possible defense strategy. Consulting with an experienced criminal defense lawyer is the best way to ensure that all possible defenses are explored and that your rights are protected.

Related Assault Topics

1. What is Self-Defence?
2. What is the De Minimis Defence?