Toronto Assault Lawyer

What is Assault?

In its simplest form, assault can be described as unwanted physical contact or touching from one person to another. This means that a person applied some form of physical force to someone else, either directly or indirectly without consent.  Assault is when there is person to person touching, such as being punched, kicked, pushed, or hair pulling. Assault may also involve the use of an object to bring harm to another, such as hitting someone with a baseball bat (this would be classified as assault with a weapon).  Michael Juskey is a Toronto assault lawyer who has successfully defended hundreds of assault cases.

Assault is most often thought of as there being physical contact, such as being kicked. However, there is also technical assault, which is when someone approaches you aggressively with the potential of striking you. Even if they don’t, by will or chance, it could still be a form of assault.

Keep in mind that assault involves intent, as in the person wanted to deliver some form of physical contact. Physically bumping into someone on the bus would not be considered assault because it was accidental.

What if I face assault charges?

Reaching out to Michael Juskey should be your first step. This will begin the process of you getting your life back.

Your first conversation with Michael with be a no charge strategy session. You will learn how the legal system works, your responsibilities, and what options may be available to you.

Once you retain Michael as your lawyer, he becomes your partner, confidant, and of course legal representative. He will get to know you as a person – your personal and professional life, your relationships, your history, your values and beliefs.

Michael is available to you always available to answer any questions, provide updates, or just to hear your concerns. You will never be passed off to a junior associate or assistant. Michael’s conviction in your recollection of events is what he builds his defence on.

With extensive experience representing individuals in the Ontario Court of Justice and Superior Court of Justice, Toronto assault lawyer Michael Juskey understands how to navigate the legal system to give you the best outcome possible.

How can I beat an assault charge?

Assault charges are most commonly laid by police, not the victim. This means it is a criminal case rather than a civil case. Getting an assault dropped involves multiple approaches. First is understanding the evidence against you then challenging the charge itself with the objective of avoiding jail and a criminal record.    

Even if you did commit assault, there may be a valid reason that would result in the withdrawal of the charge or a not guilty verdict, resulting in no jail time or criminal record. This involves mounting a defence. Some of the most common defences to assault are:

Reflex Action

Reflex actions are essentially involuntary physical actions that have no intent to harm.  A solid example of the reflex action defence would be if you sneezed on the subway, swung your arm and carelessly made contact with another individual. This criminal defence is also referred to as non-insane automatism.

Consent

The defence of consent is built on the concept that any physical force applied by either party was consensual. This can take the form of scuffles and bar fights that don’t result in serious injuries. Consent can also apply to situations where there is an understanding of the use of physical force, such as being knocked into the boards while playing hockey.

Defence of Person

Commonly referred to as self defense, defence of person means you applied a reasonable amount physical force to protect yourself or someone else that you saw being assaulted.  If you are facing assault charges and believe you acted in self-defence, call Toronto assault lawyer Michael Juskey now to schedule a free, confidential consultation.

Defence of Property

If someone is trying to damage or take possession of property that is legally yours, entering private property (like trying to enter your home), or refusing to leave your property, you are legally entitled to use a reasonable amount of force to prevent this from happening.

Corrective Force

Sometimes a parent, teacher or guardian may by justified in using essential force against a person in their care.

• Can you show it was self-defence?
  Every case is unique with its own set of facts. If you are being attacked (or you perceive that you are under attack), the law allows you to defend yourself, another person or your property. The action taken must be for a defensive reason and it must be reasonable in the circumstances.
• what are my chances of winning if I acted in self-defence?
  Self-defence cases most commonly turn on the issue of whether the force used by the defendant was reasonable and proportionate in the circumstances of the case. What was the nature of threat? Where any weapons used? Was the accused outnumbered? What were the size differences between the victim and the accused? These are all important questions that an experienced criminal defence law will ask in formulating a strategy for your case.
• Is there a chance I may have to go to prison if found guilty?
  Yes. The answer to this question depends on the aggravating and mitigating factors in your case. The biggest factors to consider in determining a sentence for assault would be the accused person’s criminal record and the nature of the injuries sustained by the victim(s).
• What is a Peace Bond?
  A peace bond is a court order that requires an individual to keep the peace and be of good behaviour for a specified amount of time (usually 12 months). Keeping the peace and being of good behaviour simply translates to not getting into trouble with the law. These court orders often carry other conditions which can include: not to attend a certain place, no contact directly/indirectly with a person(s) and not to possess any weapons. This applies to both types of peace bonds. A peace bond does not result in a criminal conviction and most commonly signed in exchange for the withdrawal of criminal charges. If you are facing charges, signing this document will not result in a finding of guilt but may have negative repercussions in family law. It also may appear on a Vulnerable Sector Search after the term has expired.