Assault: section 265 of the Criminal Code defines assault as follows: S.265(1) A person Commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

The maximum sentence for assault is 5 years. Assault with a weapon or assault causing bodily harm carries a maximum sentence of 10 years imprisonment. A weapon may be just about any item used in the course of an assault. A weapon may include things such as a telephone, apple, or computer mouse.

Domestic assault charges are a large part of our practice. This charge creates havoc in families. Usually the husband/father is ordered by the court to remain away from the family home. This bail order can be varied by way of an application to the Ontario Superior Court.

After the charges are laid in domestic assault cases, the victim commonly contacts the police or the Crown Attorney. The victim will make every effort to convince the authorities that the charges should not proceed for a variety of reasons. This is a complete waste of time. Neither the police nor the crown will withdraw the charges at this stage. The best strategy is to vary the bail so that the accused person can return home, and then work together with the lawyer to prepare a comprehensive defence.
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