In the news …
Last week a Hamilton man was charged with assault with a weapon following an incident at a downtown restaurant where man threw bacon and eggs at someone he was dining with. The bacon and eggs hit the victim in the face and caused undisclosed injuries. This incident, through out of the ordinary, is a good example of how broad the law can be regarding physical confrontations.
What is assault?
Section 265(1) of the Criminal Code defines assault as the intentional and non-consensual application of direct or indirect force from one person to another. The definition also includes threats to apply force, both with and without a weapon. Consent is further clarified in section 265(3) of the Code, where it is specified that non-resistance or submission to force does not imply consent. In other words, even if an individual does not fight back, they are not assumed to have consented to the assault.
Assault is a hybrid offence, meaning that the Crown will elect whether the charge will be an indictable (more serious) or summary (less serious) offence. However, there are many different types of assault, including aggravated-assault, sexual-assault, and assaulting a peace officer. Each of these categories of assault has its own set of punishment characteristics.
What is battery?
Battery is similar in almost every way except that it refers to actions in a civil law context (also called “tort”) rather than in a criminal law context. When someone is accused of battery, they are being accused by another individual, but when someone is accused of assault, they are being accused by the state.
Anycharge, no matter what kind, is a serious matter that should be dealt with carefully and knowledgeably. The lawyers at Smordin Law have extensive experience defending clients facing charges against the person, and work diligently to ensure that clients’ needs are met, and that their rights are respected. If you are facing charges, contact Smordin Law.