What to Know After an Assault Charge in Ontario

What should you understand after being charged with assault in Ontario?

Understand what assault can include

An assault charge does not necessarily require a serious injury. Under the Criminal Code, assault can include intentionally applying force to another person without consent. It can also include certain attempts or threats to apply force where the accused has, or causes the other person reasonably to believe they have, the present ability to carry out the threat.

That makes the factual details of the interaction important. Who approached whom, what was said, when physical contact began, whether force was actually used, and whether the accounts given by the people involved are consistent with independent evidence can all affect the case. The charge itself should not be treated as proof that the allegation occurred as described.

Preserve evidence from the incident

Assault cases frequently involve conflicting versions of a fast-moving event. Useful evidence may include surveillance footage, cellphone video, text messages, photographs, 911 calls, witness information, medical records, social media communications, and records showing where people were before or after the incident.

Potential self-defence should also be examined in context. Canadian law requires consideration of whether the accused reasonably believed force or a threat of force was being used, whether the response was for defensive purposes, and whether the act was reasonable in the circumstances. The court may consider numerous surrounding factors rather than looking at one isolated action.

Follow no-contact and release conditions

An assault arrest can be followed by conditions restricting contact with the complainant or attendance at particular locations. These restrictions can be especially disruptive where the people involved are partners, relatives, coworkers, or share a residence.

Even if the complainant later wants communication, the accused must continue following any binding no-contact condition unless it is properly changed. Violating an undertaking or release-order condition can result in a separate allegation, so practical problems involving a home, children, work, or communication should be addressed through the appropriate legal process rather than informal agreement.