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Assault Archives

I have been charged with assault, what next?

Assault charges can arise out of any number of circumstances, such as an argument with a domestic partner, a dispute with a neighbour, or a fight outside a bar.  The offence of assault is widely defined.  It includes any circumstance where a person, without the consent of the other person, applies force intentionally to that person, directly or indirectly.  It also includes certain situations where no actual force is applied.  An assault occurs when a person attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds, that he has, present ability to effect his purpose.

Consent as a Defence to Assault

At one point in time the law seemed clear that consent could not be a defence to an assault charge that aroes out of a fist fight where injury resulted.  The courts said there was little value in encouraging post bar brawls by allowing such a defence.  But over the last number of years that position has changed.  In some cases, even with more serious offences, the defence has been succesful.

When your dog assaults someone

In Ottawa, the owner of a dog can be charged when his or her dog bites a person or a domestic animal. Section 27 of the Ottawa Bylaw No. 2003-77 [Bylaw] indicates that; "No owner of a dog shall permit the dog to bite or attack without provocation a person or domestic animal"

Man facing Assault Charges Following Alleged Stabbing

The news of an assault on a Russian embassy staff member by a Canadian reservist over the weekend stemmed concerns of national security. With a media ban ordered at the bail hearing news of what occurred will have to wait until the accused is before the court. While the incident is strange, the criminal charges of assault, assault with a weapon, and assault causing bodily harm are all serious charges that bring with them some of the most serious penalties, often years in jail.

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Assault Archives | Ottawa Criminal Law Blog