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Criminal Lawyer for Assault Charges

Assault

Facing assault charges can be a difficult time in an individual’s life. This is why Riendeau Avocats supports you throughout the entire legal process by gathering all pieces of evidence that may work in your favour.

Riendeau Avocats: a solid case, a plausible defense!

Are you facing assault charges?

Riendeau Avocats Lawyers are here to help you find the best defense for your case.

Assault - Criminal Code Offense

I am accused of assault, what does it mean?

Assault is one of the most common offence charged in criminal law and it includes more than one might think. It is often thought that only people’s with fiery temper can find themselves in situation where charges of assault are made against them, but our experience as criminal lawyers has shown us that anyone can be in the wrong place at the wrong time and to be subject to such accusations.

In order to understand what an assault charge is, it is important to define the offence and to define its scope. Also, being aware that there are different types of assault is necessary in order to determine the penalties for an offence. The answer to these questions can be found in articles 265 to 270 of the Criminal Code.

Section 265 (1) of the Criminal Code defines the offense of assault as the act of engaging in an attack or assault in the following situations: intentionally, uses force, directly or indirectly, against another person without his consent;attempts or threatens, by an act or gesture, to use force against another person, if he is in a position to do so, or if he causes that person to believe, on reasonable grounds, that he is also present measure of accomplishing his purpose;
ostensibly wearing a weapon or imitation, approaching or importing another person or begging.

In order to understand what constitutes a charge of assault and its consequences, it is important to define that offence, its scope and be aware of the different types of assault charges. In fact, there are different types of assault (see below). In order to qualify the offence properly, it is necessary to look at the consequences of the act on the complainant, to ask whether a weapon was used during the attack, or if the assault was made against a police officer.

Simple Assault

A distraught man facing assault charges in need of a criminal lawyer.

The type of assault with the lowest objective seriousness and the least severe sentence is that of common assault (section 265 of the Criminal Code). It applies when a person uses force against another individual without his consent. It can range from pushing someone, restricting them, to punching or kicking. In addition, simple assault does not necessarily involve physical contact – a threatening act or an attempt to use force can result in a conviction of assault.

Assault with a Weapon

The second type of assault is assault with a weapon provided for in Article 267 of the Criminal Code. The concept of « weapons » includes not only weapons in the traditional sense of the term, but also any object that is used for the purpose of threatening or injuring anyone, whether an animal, a knife or a glass of wine.

Assault causing bodily harm

The offense of assault causing bodily harm is also provided for in section 267 of the Criminal Code. « Bodily harm » means an injury that affects the health or well-being of a person and is not of a transient or unimportant nature. This includes psychological injuries.

Aggravated Assault

Section 268 (1) of the Criminal Code provides that a person commits aggravated assault if it injures, mutilates, disfigures or endangers the life of the complainant. There is a thin line between assault causing bodily harm and aggravated assault. The difference between both is related to the extent of the injury sustained by the complainant. The Crown Attorney will not have to demonstrate the intent to commit a serious assault, but rather the objective foreseeability that the actions could lead to such consequences.

Assault on a peace officer

Section 270 (1) of the Criminal Code provides for a separate offence in the following cases:

a. against a public officer or peace officer acting in the performance of their duties, or a person who assists them;

b. against a person with the intention of resisting or preventing the lawful arrest or detention of himself or another person;

c. against a person:

i. who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

ii. with intent to rescue anything taken under lawful process, distress or seizure.

Can I consent to an assault?

The Crown must demonstrate beyond a reasonable doubt, not only the assault, but also that the victim did not consent to the assault. Indeed, it is possible to consent to a fight. However, the courts have held that a person can not consent to be subjected to bodily harm or serious injury in a fight, unless it is done in a sporting environment.

The sentences for each type of assault

The consequences of a conviction of assault depend on the type of assault, with the Criminal Code determining the penalties applicable to each. The sentence may also vary according to the circumstances of the event, the extent of the injuries inflicted, the history of the accused, etc.

Simple Assault (Clause 265 (1) C.cr)

Section 266 of the Criminal Code specifies the sentence for simple assault. The law provides that the prosecution may decide to proceed by way of indictment or summary conviction for this type of offense, but that the maximum penalty for a common assault is 5 years imprisonment.

Assault with a weapon or causing bodily harm (article 267 of the Criminal Code):

Section 267 of the Criminal Code provides that a person prosecuted by indictable offense for that offense is liable to imprisonment for a term not exceeding ten years. In the case of summary prosecution, the accused will be liable to imprisonment for up to eighteen months.

Aggravated Assault (Article 268 C.cr)

This crime is one of the most important one in the criminal code and generally involves a term of imprisonment, even for an accused without a criminal record. For this type of assault, the accused is liable to imprisonment for up to fourteen years.

Assault on a peace officer (s. 270 Cr. C.)

For this type of offence, a person prosecuted by indictment will be liable to a maximum term of imprisonment of five years and may be prosecuted by summary conviction in the least serious cases.

Self-Defense

It is important to know that a person accused of assault has several defences that may lead to an acquittal, including self-defence (section 34 of the Criminal Code). To invoke self-defence, the accused must credibly establish three elements.

1. believes, on reasonable grounds, that force is being used against him or her or another person or that it is being threatened against him or her or another person;

2. commits the act constituting the offence for the purpose of self-defence or protection

3. acts reasonably in the circumstances.
Once established, the burden is on the Crown to prove beyond a reasonable doubt that this defence does not apply.

Riendeau Avocats

In summary, there are several types of assaults that can have serious consequences. Are you charged with assault?

We recommend that you contact one of the lawyers at Riendeau Attorneys-at-law as soon as possible in order to benefit from our experience and to obtain the best possible settlement, or even an acquittal.

Portrait professionnel de Alexandre Giroux, Avocat en criminel.

Alexandre Giroux en

Criminal lawyer

Me Alexandre Giroux (c.j.c. British Columbia) completed the integrated bachelor’s degree in International Studies and Modern Languages ​​from Laval University before obtaining his double degree in civil law and common law from McGill University.

During his studies at McGill University, he was involved with Legal Aid of Montreal, Innocence McGill and Criminal Law McGill. He is also a course assistant for Criminal Justice, the course introducing first-year students to criminal law. Finally, he is an intern with the Honorable Robert Hamel, judge at the Court of Quebec, Youth Division.

Me Giroux began his career in Vancouver, where he practiced in two highly renowned criminal defense firms. He then relocated to Montreal and joined Riendeau Avocats, where he practiced mainly in criminal law. Me Giroux firmly believes in the presumption of innocence and in the right of all accused to benefit from the best possible defence. He can assist you in French, English, Spanish and Portuguese.

Portrait professionnel de Emmy, Avocate en criminel.

Me Emmy

Criminal Lawyer

Holder of a bachelor’s degree in law from the University of Montreal, Emmy finalized her professional career by completing the bar school in 2022. She then joined the Riendeau Avocats team. Throughout her studies, Emmy volunteered with companies that shared her values, such as the pro bono students of Canada. Listening to her clients and passionate, Emmy will be able to support you throughout your legal process.

Portrait professionnel de Carolia Ranivoharindrano, Responsable de la comptabilité.

Carolia Ranivoharindrano

Accounting Manager

After earning her bachelor’s degree in Political Science at Concordia University, Carolia decided to continue her studies in Paralegal Technology at CDI College. Passionate about criminal law, she decided to join the Riendeau Avocats team to complete her internship. She loves learning more about the field of criminal and penal law from lawyers. In addition, with her many years of experience in customer service, she knows how to help clients with professionalism and rigor, in order to give the best satisfaction to the firm’s clients.

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Headshot of Anthoni Daoust, Penal and Criminal Lawyer.

Me Anthoni Daoust

Penal and Criminal Lawyer

Maître Anthoni Daoust, holder of a bachelor’s degree in law from the University of Sherbrooke and member of the Bar since 2021, stands out for his incessant quest for knowledge. Indeed, he also obtained a bachelor’s degree in Business Administration from the University of Quebec, a minor in criminology from the University of Montreal, as well as training in police technology from John Abbott College. This variety of academic training gives him a unique and informed perspective when reviewing his files.

Me Daoust is a lawyer specializing in criminal and penal law, demonstrating a deep commitment to the recognition and respect of individual rights. As a progressive lawyer, he actively engages in a practice aimed at making justice more accessible to all. Thanks to his exceptional analytical and negotiation skills, he manages to obtain optimal settlements in order to guarantee his clients a complete and effective defense.

Headshot of Gabrielle Lauzon, Criminal and Penal Lawyer.

Gabrielle Lauzon

Criminal and Penal Lawyer

Bachelor of Laws under the COOP regime of the University of Sherbrooke, Me Gabrielle Lauzon joined the Riendeau Avocats team as a criminal lawyer after completed his internship. Me Lauzon shows great compassion towards everyone of its customers and always remains available to help others. Driven by her thirst for knowledge and her dynamism, she devotes herself enormously to each of her causes. Also practicing in criminal law, Me Lauzon is part of the MTL Ticket team and will be able to defend you vigorously for any statement of offense related to the Safety Code road.

Headshot of Pascal Guilbert, Penal and Criminal Lawyer.

Pascal Guilbert

Penal and Criminal Lawyer

Me Pascal Gilbert is passionate about law. Holder of a bachelor’s degree in law from the University of Montreal, in addition to a bachelor’s degree in history, Me Gilbert joined the Riendeau Avocats team as a criminal and penal lawyer. Listening to the needs of his clients, he will be able to be creative in order to explore all possible avenues throughout your legal process. Mr. Gilbert has excellent research and writing skills and is a keen learner. He wants to advance the law in the best possible direction.

Headshot of Louisa Heniche, Criminal Lawyer.

Louisa Heniche

Criminal lawyer

Me Louisa Heniche holds two bachelor’s degrees from the University of Quebec in Montreal. Passionate about law, she first completed a first bachelor’s degree in international relations and international law, before completing her studies with a bachelor’s degree in law. Her career has been marked by the defense of human rights, as she has long been involved in the international clinic for the defense of human rights at UQAM as well as in the Innocence Project, which helps victims of miscarriages of justice. . Registered on the roll of the bar association, Me Heniche works as a criminal lawyer, in addition to supporting our clients in their requests for forgiveness. She always has the interests of her clients at heart and demonstrates thoroughness and empathy.

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Coralie Leblanc

Paralegal Student – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

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Danyka Beauchamp

Paralegal – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

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Valérie Paquette

Accounting Manager and Accounting Technician – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Katherine Hurtubise

Administrative assistant – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

François Gamache, directeur des ressources humaines Riendeau Avocats

François Gamache

Human Resources Director 

For more than 15 years, François Gamache has been working within our firm as the human resources director who has been successfully balancing team management and operations coordination. Versatile and mindful, he ensures that each employee is happy and fulfilled, which is what makes François a major asset at Riendeau Avocats. He is also in charge of hiring and integrating new employees.

Headshot of Ariane Roberge, Criminal and Penal Lawyer.

Me Ariane Roberge

Criminal and Penal Lawyer

Member of the Bar, Me Ariane Roberge holds a Bachelor of Laws with graduate studies in Common Law and Transnational Law (Juris Doctor) from the University of Sherbrooke. Me Ariane Roberge is a lawyer with a practice focused on criminal and penal law. Although she joined the Riendeau Avocats team as an intern, she quickly made her mark as a lawyer and gained the trust of her clients. Her good energy is always present, Me Roberge is known within our firm as a dynamic lawyer who is 100% committed to each of her causes.

Chloé Rainville, avocate criminel et pénal à Montréal

Me Chloé Rainville

Criminal and Penal Lawyer – Personal Biography Soon. 

At Riendeau Avocats, we consider ourselves lucky to have highly qualified and professional staff within our team to defend our clients’ cases with rigor and determination. Our lawyers, our paralegals, as well as our trainees and our management and administrative staff, work together to offer a full and complete defense to each of our clients, regardless of the nature of the offense.

Headshot of Chanèle Lecompte, Criminal and Penal Lawyer.

Me Chanèle Lecompte

Criminal and Penal Lawyer 

A lawyer practicing mainly criminal and penal law, Me Chanèle Lecompte holds a Bachelor of Laws from the University of Sherbrooke. During her university career, she had the chance to do an internship with the judiciary, which allowed her to acquire the many assets that she puts forward during her representations before the courts. Passionate about criminal law, Me Lecompte will accompany you and defend you during the different stages of your file, and will listen to you.

Catherine Bernard, avocate criminaliste de chez Riendeau Avocats

Me Catherine Bernard

Criminal Lawyer – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Alexandra Bérubé, avocate chez Riendeau Avocats Montréal

Me Alexandra Bérubé

Criminal Lawyer – Personal Biography Soon. 

After obtaining a bachelor’s degree in law at the University of Montreal, Me Alexandra Bérubé then perfected her training by completing a master’s degree in criminal law at the University of Sherbrooke. Having already practiced in civil law before devoting herself to criminal law, she shows great versatility and knows how to juggle the different spheres of law in order to fully understand all the issues that may arise in the cases entrusted to her. Honest, rigorous and passionate, Me Bérubé is a lawyer of conviction who firmly believes in rehabilitation and in the right to a full and complete defense.

Headshot of Cédric Materne, Criminal Lawyer and TVA Group employee.

Me Cédric Materne

Criminal lawyer and TVA Group employee

Me Cédric Materne holds a bachelor’s degree in law from UQAM and has been a member of the Bar since 2016. A true passion for criminal law and a proud collaborator of Groupe TVA, he inspires increased confidence and defends each cause by using both his determination and his extensive knowledge of criminal matters. His curiosity about the most recent legal developments and his creative way of always pushing the limits of current law have earned him an excellent reputation.

Portrait professionnel de Me Ana-Maria Mocanu, Avocate criminaliste sénior et responsable du département anglophone.

Me Ana-Maria Mocanu

Senior Criminal Lawyer and Head of the English Department

Me Ana-Maria Mocanu obtained a degree in psychology before obtaining her law degree at Sherbrooke University. She began her career at Riendeau Avocats and has been a real asset for the past 6 years since she deals in particular with the firm’s English-speaking clientele. She pays particular attention to each of her files, which are very diverse, and she defends the rights of her clients with ardor.

Headshot of Annie Lahaise, Senior Criminal Lawyer and Head of the Senior Department.

Me Annie Lahaise

Senior Criminal Lawyer and Head of the Senior Department – Personnal Biography Soon. 

Member of the Bar since 2003, Me Annie Lahaise has worked in the criminal world for more than 19 years. Today, she is not only a criminal lawyer at Riendeau Avocats, but also responsible for the senior department and lecturer at the Cégep régional de Lanaudière.

Portrait professionnel de Me Jessica Chebab, Avocate criminaliste et directrice du département des demandes de pardon.

Me Jessica Chebab

Criminal lawyer and Director of the Pardon Application Department

Holder of a major in criminology from the University of Montreal and a bachelor’s degree in law from the University of Sherbrooke, Me Jessica Chehab invests herself with heart in all her files and ensures that her clients are heard and represented. with sympathy. A fervent negotiator, she puts forward the right arguments to defend the interests of her clients so that they benefit from a full and complete defense.

Anne-Geneviève Robert, avocate chez Riendeau Avocats Montréal

Me Anne-Geneviève Robert

Criminal lawyer and Director of the Penal Department

Me Robert is a criminal lawyer with a Bachelor of Law degree from UdM. Committed to defending her cases, she always works in the best interest of her clients by using her in-depth knowledge in the field and proactive approach before the court. Her leadership skills have led her to take on the role of Director of the Criminal Law Department, which she founded upon joining the team. Socially involved, she is a member of the board of directors of the Fondation NeuroTrauma Marie-Robert and is involved in many committees of the AADM and the JBM

Portrait professionnel de Me Joanie Chainey, Avocate criminaliste et directrice du département criminel.

Me Joanie Chainey

Criminal lawyer and Director of the Criminal Department

Me Chainey received a solid education in law from the University of Ottawa. Her passion for criminal law led her to join Riendeau Avocats, where she exclusively practices criminal law. A tireless litigator, this young lawyer is never at the end of her arguments. Brimming with ideas and energy, she is particularly creative, which helps her find defenses in cases that at first seem indefensible. Me Chainey is a go-getter lawyer, always ready to fight to best represent the interests of her clients.

Portrait professionnel de Me Valérie Riendeau, Avocate criminaliste sénior, présidente et fondatrice du cabinet.

Me Valérie Riendeau

Senior Criminal Lawyer, and President and Founder of the Firm

Graduate of the University of Montreal, Me Valérie Riendeau began her practice by founding her own law firm. Experienced and professional, she has been at the head of Riendeau Attorneys-at-law for 13 years now. Her team stands out with unparalleled customer service and a personalized approach for each client. Fervent negotiator and excellent litigator, Me Riendeau knows how to make the right arguments in order to defend the interests of her clients and to obtain the best results.

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Courriel: info@riendeauavocats.ca

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