Criminal Lawyer for Assault
Facing an Assault charge against someone you know can feel overwhelming and deeply unsettling. Lisa White’s proven experience in handling these complex, personal cases means you have a skilled advocate to guide you through this challenging time.
Your journey to justice starts here
How Lisa Can Help
Lisa White is a seasoned criminal defense lawyer with extensive experience in handling Assault cases involving people who have a personal connection. Her clients value her clear communication and supportive nature, which help them feel at ease during a difficult time. With a deep understanding of the emotions involved in these cases, Lisa brings empathy and precision to every client’s defense, ensuring they are fully informed and confident throughout the legal process.
Know the law & Your Rights
In the Criminal Code
Assault under the Canadian Criminal Code
(Section 265)
Assault is defined under Section 265 of the Canadian Criminal Code and involves three main components:
Application of Force:
A person commits Assault when they intentionally apply force to another person without their consent. This can be direct (e.g., hitting someone) or indirect (e.g., setting a trap).
Example: Pushing someone during an argument without their consent.
Threats or Attempts:
Assault also includes attempts or threats to apply force, where the person making the threat has the apparent ability to carry it out, causing the victim to reasonably believe they are in danger.
Example: Raising a fist as if to punch someone, causing them to fear an imminent attack.
In Everyday Terms
Assault Explained
What is Assault?
Assault, according to Canadian law, involves three key actions:
Using Force:
If someone intentionally uses force on another person without their agreement, it's Assault. This can be direct, like hitting, or indirect, like setting a trap.
Example: Shoving someone during a fight without their permission.
Threats or Attempts:
If someone threatens or tries to use force and seems capable of doing it, causing the other person to feel unsafe, it's considered assault.
Example: Raising a fist as if to hit someone, making them fear an attack.
Using Weapons:
Assault can also happen if someone, while visibly carrying a weapon, confronts or blocks another person.
Example: Walking up to someone with a knife and demanding money.
Different Types of Assault
These rules apply to all types of Assault, including Sexual and Aggravated Assault, which may involve weapons or serious injury.
Potential Consequences
Punishment for Assault
If someone breaks this law, they can be charged with:
a) A serious crime, possibly leading to up to 10 years in prison.
b) A less serious crime, which could result in a lighter punishment.
Factors to Consider
When sentencing, the court will look at whether the person broke any court orders or agreements at the time of the crime. This can make the punishment more severe
Reasons
If the court finds a reason to increase the punishment but chooses not to, it must explain why.
FAQs
You can also browse FAQs about your rights in the legal process, fees & compensation, and about Lisa White's practice.
Can a past altercation be used against me in an Assault case?
Yes, previous altercations or incidents can be brought up in court, especially if they are relevant to establishing a pattern of behavior or intent. However, the relevance and admissibility of such evidence will be case dependent.
Is self-defense a valid defense in an Assault charge?
Yes, self-defense is a common defense, but it must be shown that the force used was reasonable and necessary to protect oneself or others — or yours or their property — from harm.
Will an Assault charge affect my ability to find employment?
An Assault conviction may affect job opportunities, particularly in roles requiring a clean criminal record or background check.
You’re not alone - help is here
Facing Assault charges?
You can feel confident knowing that Lisa’s top-notch skills are focused on achieving the best outcome for your case.