Assault is a very common charge given its broad scope. Assault takes place when force is intentionally used against another person without their consent. It is a popular misconception that Assault always requires that force be actually used; Assault can also occur when the use of force is only attempted or threatened. Assault is defined in section 265 of the Criminal Code of Canada.
Assault Lawyer in Brampton
Criminal Code of Canada – Definition of Assault
Section 265(1) of the Criminal Code of Canada, defines Assault: A person commits an Assault when –
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he 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 on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.


Why you should hire Passi & Patel — Criminal Lawyers
Simple Assault is a hybrid offence which means that the prosecutor can elect to proceed in one of two ways: summarily (less serious consequences); or by indictment (more serious consequences).
If convicted of Assault, you could be face up to 5 years in jail. The sentencing judge may also make additional orders such as a DNA order, Weapons Prohibition Order or Probation.
At Passi & Patel – Criminal Lawyers, we understand that a charge of Assault, no matter how low-level can have a profound impact on your life. Given our years of experience, we are equipped with the knowledge, skills and ability to provide you with effective representation. If you are charged with Assault, call us now for a consultation at (905) 459-0004.
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