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Section 265 of the Criminal Code tells us that Assault happens when, without consent, a person applies force intentionally to another person, directly or indirectly. Indirectly means that there doesn't have to be any actual contact, as long as the 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 on reasonable grounds that he has, present ability to effect his purpose." Finally, an assault also occurs when "while openly wearing or carrying a weapon or an imitation thereof [a person] accosts or impedes another person or begs."
This basic definition of assault applies to all forms of assault, including sexual assault. In order for an assault to be elevated to Assault Causing Bodily Harm, or Aggravated Assault, the consequences of the assault have to be more severe. Bodily harm means: "any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature..." and this can include psychological harm. For aggravated assault, the consequences have to include wounding, maiming, disfiguring or endangering the life of the complainant.
Depending on the nature of the assault, the punishment can be up to 14 years in jail. So, getting good legal representation early on is extremely important. Something as simple as a pool hall conflict can escalate to assault, but once reported, the complainant is not in control of charges. The police and crown make those decisions. If the complainant makes a videotaped statement under oath and later significantly changes the story (or recants), the video can be used in an attempt to prove the accused's guilt. To fight this requires sophisticated understanding of the rules of evidence. It requires the assistance of a talented legal professional.
Forstner Law understands defences available in Assault, and the importance of violations of the Charter. A conviction can have profound consequences, including loss of liberty, stigma and reputational damage, a criminal record, and employment problems. Lawrence will explain the law, strategies and options, ensuring that we find our way to the best possible outcome for you.. Call (289) 316-2573 and let Lawrence begin to take some of the heavy burden off your shoulders.
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We are offering Virtual Office Appointments by Zoom or Phone. Admin offices: see LSO website, public registry
Toll Free: 877-315-3375
Serving Oshawa, Brooklin, Pickering, Whitby, Ajax, the GTA and the Durham Region
Office Locations: Forstner Law has a virtual office approach for client consultation. Zoom has become the norm in Courts since the advent of Covid. Forstner Law maintains administrative offices in Ajax. This information is publicly available through the Law Society of Ontario.
Phone: (289) 316-2573
Please consult a lawyer for advice about your individual situation. This site and its information is not legal advice, nor is it meant to be. Feel free to get in touch by electronic mail, letters, or phone calls. Contacting us does not create a solicitor-client relationship. Until a solicitor-client relationship is established, please withhold from sending any confidential information to us.
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Lawrence Forstner, Criminal Lawyer in Oshawa, Expert Qualifications and Specialized Training:
Former Crown Attorney; Former Probation & Parole Officer; Ontario Domestic Assault Risk Assessment (ODARA), Sex Offender Risk Assessment, Strategic Initiatives in Community Supervision (STICS), Sex Offender Relapse Prevention, Substance Use / Anger Management Group Leader/ Trainer. ( https://ca.linkedin.com/in/forstnerlaw )
If you've been charged with a violent crime, it's essential to find a lawyer who's committed to your case; someone who can protect your rights while offering the respect you deserve during this difficult time. Lawrence Forstner is a weapons, and violent crime, criminal lawyer in Oshawa & the Durham Region
Don't Compromise Your Future
A conviction for a violent crime can result in a long prison sentence, a hefty fine, and a permanent criminal record. Even first-time violent offenders can face serious consequences. Hiring a lawyer as soon as possible can be vital to the strength of your case. Forstner Law can provide you with a consultation to help you understand the steps involved in your case. Once engaged, Forstner Law will work to help you combat your charges so that you can move forward with your life. For more information or to schedule an appointment, call Forstner Law in Oshawa today.