In law, an assault is an intentional application of force to another person (or the threat of force), without that person consenting. This is a broad definition, and technically could give rise to liability for a relatively minor type of contact. In the Criminal Code, there are various types of assault, from simple assault, to assault causing bodily harm, assault with a weapon, and aggravated assault. Many homicide cases are really assault cases — albeit, assaults of a highly aggravated nature.
Many assault cases arise in the context of a marriage or relationship between the complainant and the accused. There are special policies employed by the police, Crown and courts for such domestic assaults. Knowledgeable counsel will be able to advise on the options, and can respond to immediate concerns such as providing for contact with children, or the complainant in some cases.
Various defences may arise in assault cases, including self defence and accident. Credibility issues are often present. There may be evidence that either corroborates or contradicts one version of events. There may also be a way to resolve the case by having charges dropped or reduced.
The lawyers at Martland & Saulnier are familiar with the law and the practicalities of defending assault cases.