Assault Charges

Definition of Assault Charges

Many people are surprised to learn how broad the definition of “assault” is in Canada. An “assault” is the intentional application force to another person without their consent. An assault does not have to result in physical harm to be a criminal offence. Pushing or grabbing another person can be an “assault”. The facts the police get from the complainant in assault cases are often incomplete at best, and wrong or fabricated at worst. It is rarely in the best interests of an accused person to speak with the police “to clear things up”, at least without the benefit of legal advice. Anyone who is under investigation for assault should be apprised of the details of the allegations, possible defences, and the right to silence before deciding whether to speak with the police.

Our Success Stories – Assault

L Linda was charged with assault and criminal harassment. A conviction would have resulted in Linda losing her security clearance and Federal Government job. Linda was found not guilty of all charges after a trial in Ottawa.

R Raymond was charged with assault causing bodily harm, as well as other violent offences. The prosecution’s case looked overwhelming based on the initial evidence provided by the police. Brett McGarry obtained a witness statement that had not been disclosed by the police, which proved that Raymond did not commit the assault. All charges were withdrawn in Perth court.

P Paul was charged with resisting arrest, assaulting a police officer, and assault with a weapon. The charges threatened to destroy Paul’s career as a senior bureaucrat. Brett McGarry assembled a detailed record of Paul’s work history, community work, and good character. Brett negotiated with the Crown and all charges were dropped in Ottawa court.

J James was charged with breaking the complainant’s teeth and jaw in a bar fight. A conviction would have seriously impacted James’ career in the military. Brett McGarry obtained video surveillance of the brawl from the bar. The description of the altercation described by the complainant was undermined by the video. The charge was withdrawn in Pembroke court.

O Owen was charged with 4 counts of attempted murder and arson endangering life, after a house burned down in the middle of the night. At the preliminary hearing, the prosecution’s arson expert admitted under cross-examination that his report was seriously flawed. At the end of Brett McGarry’s cross-examination the expert admitted that he would no longer be satisfied to present his report to a jury. Owen was found not guilty of all attempted murder and arson charges in Ottawa.