Criminal Defense Attorney for Assault Cases in the
Criminal Defense Attorneys in Montreal
Need a lawyer for an assault charge?
Criminal Defense Attorney for Assault Cases
Facing assault charges can be a difficult time in an individual’s life. That is why Riendeau Avocats supports you from start to finish throughout the legal proceedings, taking into account all factors that could work in your favor.
Riendeau Avocats: A strong case, a plausible defense!
Are you facing assault charges?
The lawyers at Riendeau Avocats are here to help you and find the best defense for your case.
Offense Under the Criminal Code
The offense of assault is one of the most common offenses in criminal law, and it encompasses much more than one might think. People often believe that only those with a hot temper can find themselves facing assault charges, but our experience as criminal defense lawyers has shown us that anyone can be in the wrong place at the wrong time and become the subject of such allegations.
To understand what an assault charge entails, it is important to define the offense and outline its scope. Furthermore, being aware that there are different types of assault is necessary to determine the potential penalties for an offense. The answers to these questions can be found in Sections 265 to 270 of the Criminal Code.
Section 265(1) of the Criminal Code defines the offense of assault as the act of attacking or assaulting another person in the following situations:
a. intentionally applies force, directly or indirectly, to another person without their consent;
b. 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;
c. accosts or impedes another person or begs, while openly wearing or carrying a weapon or an imitation thereof.
There are different types of assault. To determine the nature of the offense, one must consider the consequences of the act on the complainant, ask whether a weapon was used during the attack or assault, and whether the acts were directed against a police officer.
How Can We Help You?
Request a Free Legal Consultation with One of Our Qualified Criminal Lawyers.
An accusation of a white-collar crime can have
serious consequences .
Can you consent to an assault?
The prosecution must prove beyond a reasonable doubt not only the assault but also that the victim did not consent to it. Indeed, it is possible to consent to a fight. However, the courts—notably in the R. v. Jobidon case—have ruled that a person cannot consent to sustaining bodily harm or serious injury in the course of a fight, unless it occurs within a sporting context.
For which assault-related offenses is the role of an attorney essential?
Related Offenses and Aggravating Circumstances
In addition to the charge of assault, there are several other related charges involving violence, such as making threats, intimidation, or criminal harassment. Furthermore, assault can occur in specific contexts, particularly in cases of domestic violence, which significantly affects how the courts handle the case. A person may also be charged with several of these offenses simultaneously for a single incident.
Your Options and Possible Defenses
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Consult our criminal defense attorneys to learn more about the consequences of an assault conviction and your defense options (such as self-defense, protection of property, reasonable force, or valid consent). Our team can analyze the Crown’s evidence, provide you with strategic guidance, and explain your rights at every stage of the process.
How can we help you?
Our team is here to guide you every step of the way with tailored solutions and ongoing support, whether you need advice, technical assistance, or help defending your rights.
The Team at Riendeau Lawyers: 20 Years of Expertise in Defending Against Assault Charges
With a team of experienced attorneys—some of whom have more than 20 years of experience practicing law—our firm is the go-to choice for anyone facing assault charges.
Over the years, we have developed specialized and in-depth expertise in assault cases (whether simple, aggravated, resulting in injury, or occurring in a domestic context). This specialization has enabled us to secure numerous acquittals for our clients, even in situations that initially seemed hopeless. We are well-versed in the technical nuances, procedural loopholes, and defense strategies necessary to protect your reputation, your freedom, and your criminal record.
But beyond our performance in court, it is our human-centered approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every case is a person going through a difficult time. Our top priority remains the rigorous defense of our clients and the favorable resolution of complex cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
The Importance of Hiring a Criminal Defense Attorney for Assault Charges
Have you been charged with an offense? Consult our experienced criminal defense lawyers to learn about the options available to you. After reviewing your case, we will identify potential defense strategies and work to develop the necessary arguments to protect your future, secure an acquittal, or minimize the consequences of a guilty plea.
Why choose Riendeau Avocats to defend you in an assault case?
You’re not automatically guilty
Being the subject of a complaint or charged with assault does not automatically mean you will be found guilty. It is essential to consult with an experienced legal team to analyze the Crown’s evidence, verify the validity of witness statements, and evaluate your defense options.
Recognized expertise
At Riendeau Avocats, we handle a significant number of cases each year involving all types of assault charges. We are well-versed in the complex defenses (such as self-defense) associated with these charges. If a defense is possible, we will build it for you.
Defending your rights
If your rights were not respected during the police intervention, your interrogation, or your arrest, we will defend them with the utmost rigor. We work tirelessly to uphold your fundamental rights in court.
A charge of assault can have serious consequences
Contact us for fast, personalized answers to your questions.
Penalties for Assault
Type of charge
Penalties vary greatly depending on the nature of the alleged acts and the severity of the offense: simple assault, assault with a weapon, assault resulting in bodily injury, or aggravated assault.
Peines et conséquences
The Criminal Code provides for penalties that can be severe, especially in cases of domestic violence. These may include a criminal record, fines, probation, a ban on possessing weapons, or even imprisonment.
Tips
Given the serious impact these consequences have on your personal and professional life, it is essential to protect your rights. Contact our team of criminal defense attorneys immediately to develop a strategic defense.
Your Questions About Assault Charges
Facing an assault charge can raise many questions. Our FAQ helps you understand the possible penalties, your rights, and the steps you need to take, so you can act quickly and with confidence with the help of our specialized attorneys.
The type of assault with the lowest objective gravity and the least severe potential penalty is simple assault (Section 265 of the Criminal Code). It applies when a person uses force against another individual without their consent. This can range from pushing someone or restraining them to punching or kicking. Furthermore, simple assault does not necessarily require physical contact—a threatening gesture or an attempt to use force can result in an assault conviction.
The second type of assault in terms of the objective gravity of the offense is assault with a weapon, which is provided for under Section 267 of the Criminal Code. The concept of a “weapon” encompasses not only weapons in the traditional sense of the word, but also any object used for the purpose of threatening or injuring someone, whether it is an animal, a knife, or a wine glass.
The offense of assault causing bodily injury is also provided for in Article
267 of the Criminal Code. “Bodily injury” means an injury that impairs a person’s
health or well-being and that is not of a temporary or
minor nature. Cela inclut les blessures psychologiques
Section 268(1) of the Criminal Code provides that a person commits aggravated assault if they wound, maim, disfigure, or endanger the life of the complainant. There is a fine line between assault causing bodily harm and aggravated assault, with the difference lying in the permanence of the injuries sustained by the complainant. The Crown prosecutor does not have to prove an intention to commit aggravated assault, but rather the objective foreseeability that the actions taken could lead to these types of consequences.
Section 270(1) of the Criminal Code provides for a distinct offense in the following cases:
a. against a public officer or peace officer engaged in the execution of their duty, or a person acting in aid of such an officer;
b. against a person with intent to resist or prevent the lawful arrest or detention of themselves or another person;
c. against a person who is:
i. engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
ii. acting with intent to rescue anything taken under a lawful distress or seizure.
The penalties incurred depend on the type of assault, as the Criminal Code determines the applicable consequences for each. The sentence may also vary based on the specific circumstances of the event, the extent of the injuries inflicted, the defendant’s criminal record, and other relevant factors.
This is a very common myth. In Canada, once the police have investigated and charges have been laid, the decision to prosecute rests solely with the Crown prosecutor (the DPCP), not with the victim. Even if the person involved no longer wishes to proceed, particularly in cases of domestic violence, the legal process will continue. The victim then becomes a witness for the Crown.
Self-defense is a very powerful defense. It applies if you used force to protect yourself (or another person) against the use or threat of force. However, the law requires that your response be reasonable and proportionate to the threat you faced. Our role will be to demonstrate that you sincerely believed you were in danger and that you had no other reasonable choice.
Non. Under Canadian criminal law, verbal provocation (insults, shouting, vague verbal threats) never legally justifies initiating physical contact. You cannot use provocation as a defense to obtain an acquittal for assault. However, your lawyer may present the context of the provocation as a mitigating factor before the judge in an effort to reduce the severity of your sentence.
The difference lies in the consequences for the victim. Simple assault involves the use of force (a shove, a spit, a slap) that generally does not leave serious marks. If the act causes an injury that impairs the victim’s health or well-being, even temporarily (such as a broken bone, a deep cut, or a black eye), the charge will be upgraded to “assault causing bodily harm,” which carries much more severe penalties.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
