The legal counsel you work with will make a difference in your life for years to come. Brett McGarry has successfully defended people from all walks of life against assault charges in Ottawa, including professionals, civil servants, and university students. If you have been charged with assault in Ontario, he would be pleased to discuss your options and defences with you.
Assault charges are among the most common cases in Ottawa’s criminal courts. Penalties can range from significant jail time to a discharge. The effects of an assault conviction on your reputation, employment, and ability to travel are equally important.
The facts the police get from the complainant in assault cases are often incomplete at best, and wrong or fabricated at worst. It is probably not in your interests to speak with the police “to clear things up”, at least without the benefit of prior legal advice. As an accused person you should know about the allegations, your defences and your right to silence before deciding whether to speak with the police. In most cases it will be preferable to let the true facts come out at trial.
Definition of Assault
Many people are surprised to learn how broad the definition of “assault” is in Canada. An “assault” is the intentional application (or threat of application) of force to another person without their consent. An assault does not have to result in physical harm or even physical contact to be a criminal offence.
Related violent offences often include:
- Uttering a threat to cause death or bodily harm
- Assault with a weapon
- Assault causing bodily harm
- Aggravated assault
- Attempted murder
- Forcible confinement
- Assaulting a police officer and resisting arrest
Domestic and Spousal Assault
Special considerations apply to domestic assault charges in Ontario. Click here to go to our domestic assault section.
Defences to Assault Charges
There are many valid defences to assault charges in Ontario, including self-defence, accident, consent, and mistake of identity. Your accuser may lack reliability and credibility. By thoroughly investigating the facts and meticulously preparing defence witnesses to testify, Brett McGarry has obtained not guilty verdicts in many assault cases.
Frequently Asked Questions
- What degree of force is required for an “assault”?
- How much harm has to be caused?
- What are the penalties for an assault conviction in Ontario?
- What is “aggravated assault”?
- What is “bodily harm”?
- What is a “weapon”?
- What are the defences to an assault charge?
Cases Results
Here are a few recent cases where Brett McGarry’s clients were found not guilty of assault charges:
John’s case: Jealously provided a motive to fabricate. Client found not guilty.
Eduardo’s case: Cross-examination on family law affidavits leads to an acquittal.
Oliver’s Case: Charges dropped after cross-examination of alleged victim.
GET HELP NOW
Contact Brett McGarry to discuss the best defence strategy for your assault charge in Ontario at 613.884.8576 or by email at brett@mcgarrylaw.ca. The initial consultation is free.