Assault is a serious criminal offense in Canada. It can run the spectrum from minor physical altercations to more serious incidents with weapons involved or serious injuries. The law of crime in Canada defines assault as an act of intentionally applying force to another person without his consent, or threatening to apply force in such a way that the victim believes the act will occur. Depending on its intensity, it will be considered a simple assault or an assault causing bodily harm or even an aggravated assault. Each of these has a wide variation in the circumstances the crime is committed. It usually requires tremendous knowledge of the law and specific facts regarding the nature of the defense to such accusations.
Self-Defence as a Legal Defence
Perhaps the most common of all defences to an assault charge in Canada is that of self-defence. Section 34 of the Canadian Criminal Code permits self-defence by the application of force if the person has a subjective perception of an attack, provided the force applied is reasonable in the circumstances. In cases of a raised defence of self-defence, the court will examine if the accused had been acting in defence against an imminent attack and whether the amount of force they used was no more than what was warranted by the threat they actually faced. Successful self-defense may imply dismissal of charges, but this equally requires good evidence to prove that the action of the individual was necessary to prevent harm.
Consent as a Defense in Assault Cases
One of the other possible defenses against assault charges is consent. If the act of physical contact or fight involved the consent of both parties willingly, then one may raise the defense that no crime was committed since the victim consented to the said interaction. However, this is not a proper defense in an action where serious bodily harm has been inflicted or the consent has been taken through coercion or threats. The defense of consent can be used in cases involving sports or consensual fights; however, the burden of proof is on the defense to prove that the victim was fully aware of and consented to the risks.
Rebutting Intent from the Assault
Sometimes, assault charges stem from misunderstandings or accidents. To convict an individual for assault, the Crown has to prove there was intent to apply force to another person without his consent. It may be a defence if the accused can show that the contact was unintentional or an accident. A good example could be where there is a jostling in some crowded event or an individual accidentally bumps into another person. It is important to consider the ambient circumstances with due care and to recheck all the available evidence to refute intent behind the act.
Alibi as a Defence
Alibi is a type of defence wherein the defence establishes that the accused was not at the place where the alleged assault had taken place. The above defense is most likely to succeed when the accused can help themselves out with some solid evidence of witness testimony, videos, or other forms of proof that show they were elsewhere when the incident took place. This must be credibly presented in order to portray doubt in the prosecution’s case and result in an acquittal. For this reason, the alibi should be presented as early as possible in the legal process, importantly, in close collaboration with a criminal lawyer, who helps one present the evidence to be reliable and admissible in the courts.
The Importance of Legal Representation
An assault charge in Canada carries a host of potentially serious onsets, which include a criminal record, fines, and even imprisonment. A suspect should therefore seek the services of a criminal law attorney in order to navigate the labyrinth that is the legal system and construct a good defense. He may avail of professional services which would point out to him the most viable defenses, preparation of evidence, if any, and representation at the trial. Considering the seriousness of an assault charge, professional legal representation is a matter of course to ensure that the rights of the accused are protected and that he or she is given a fair hearing.
An assault case in Canada may be defended based on full knowledge of the law and facts of the case. Self-defense, consent, challenge of intent, or alibi-the accused may use any of these as defense options in an assault case. In each case, the circumstances differ, and each one of these defenses is considered successful in its own particular circumstances. Any one of the persons accused of assault should seek the services of a lawyer in planning an effective defense, and to have their rights protected during the legal procedure.
