Pyzer Criminal Lawyers Toronto, ON | CALL US TODAY!  416-658-1818


Pyzer Criminal Lawyers
1396 Eglinton Ave W #100, Toronto, ON
M6C 2E4
Canada
https://www.torontodefencelawyers.com/

contact@torontodefencelawyers.com
416-658-1818

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Assault Lawyers Toronto
Assault Lawyers Toronto

Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.

Being found guilty of assault can lead to lengthy imprisonment and a lifelong criminal record that may negatively impact your life in various ways. It could limit your access to certain opportunities such as obtaining a mortgage, travelling, finding work or volunteering. 


At Pyzer Criminal Lawyers, we recognize the serious consequences of having a criminal record and have a proven track record of defending numerous assault charges. Our experienced team is dedicated to developing the strongest possible defence strategy to help you avoid the long-lasting effects of a criminal record.

Types of Assault

The Criminal Code contains several types of assault charges:

  • Simple assault, including assaulting a police office

  • Assault with a firearm

  • Assault causing bodily harm

  • Aggravated assault, including aggravated assault against a police officer

  • Sexual assault

Consequences of a Conviction

Prospective employers that require a criminal record check will be able to view your assault charge, and your ability to secure employment, rent a home, travel to the U.S., or volunteer may be limited. Moreover, a criminal record can impede your chances of pursuing certain careers such as teaching, childcare, or medicine. If you are involved in a custody battle with a former partner, a judge may use your criminal record as evidence of poor character.

Your Legal Rights Under the Charter

The Charter of Rights and Freedoms safeguards your rights and freedoms in case of an arrest. All government agents, including police officers and Crown prosecutors, are obliged to respect the Charter. If your rights are violated, it may result in the dismissal of your assault charges and prevent them from appearing on your criminal record. In other instances, evidence may be excluded if your rights were not respected. If you are facing assault charges, it is advisable to exercise your right to remain silent and seek the services of an experienced assault lawyer.

Right to Representation

In the event of an arrest, Section 10 of the Charter mandates that the police must inform you of your right to consult with a lawyer. The police are required to do so as soon as possible. If the police fail to notify you of this right, the court may provide you with a remedy. This could include the exclusion of certain evidence from your case or the Crown agreeing to enter a stay of proceedings.

Right to be Informed

Section 10 of the Charter also grants you the right to be informed of the reason for your arrest. The police are obligated to inform you of the grounds for your arrest as soon as possible after the arrest. 

Right to Remain Silent

If you have been arrested, it is often in your best interest to avoid speaking to the police. While you are required to provide the police with your name, date of birth, and address, it is advisable to refrain from saying anything further. It is highly recommended that you consult with a criminal defence assault lawyer before speaking to the police.

Types of Assault we Defend Against
Assault

Section 265(1) of the Criminal Code defines simple or common assault as the deliberate application of force, either directly or indirectly, to another person without their consent. Compared to aggravated assault, assault causing bodily harm, or assault with a weapon, simple assault is considered less severe.

Assault Causing Bodily Harm or Assault With a Weapon

Section 267 of the Criminal Code includes assault causing bodily harm and assault with a weapon, which occurs when a person uses a weapon or causes bodily harm while committing simple assault. These types of assault carry harsher penalties than simple assault as they are viewed as more serious. It is important to note that anything capable of causing harm to another person can be classified as a weapon if the accused uses it in a way that could cause injury or death.

Aggravated Assault

Section 268(1) of the Criminal Code defines aggravated assault as one of the most severe types of assault charges. It occurs when the accused injures, maims, disfigures, or endangers the life of another person. This type of assault is viewed as more serious than other forms of assault and carries harsher penalties.

Sexual Assault

Section 271 of the Criminal Code defines sexual assault as a serious offence in Canada. Sexual assault charges can be complicated. Any sexual activity that is non-consensual is considered sexual assault. 

Defences for Assault ChargesSelf Defence

The burden of proof falls on the Crown to show beyond a reasonable doubt that you did not act in self-defence if you claim that you acted in self-defence. Section 34(1) of the Criminal Code states you are not guilty of an offence if:

  • You believe on reasonable grounds that another person is using force against you; or

  • You believe on reasonable grounds that another person is threatening to use force on you; and

  • You assaulted the other person for the purpose of defending or protecting yourself from force; and

  • The assault you committed was reasonable in the circumstances.

To clarify, self-defence may be used as a legal defence if you assaulted someone in order to protect yourself and if your actions were deemed reasonable in the circumstances. In such cases, the Crown must prove beyond a reasonable doubt that you were not acting in self-defence in order for you to be convicted of the assault charge.

Defence of Consent

If two individuals consent to engage in a fight, the resulting physical contact may not be considered a criminal offence of assault. However, there can be no consent to assault in situations where the alleged victim submits or does not resist the assault by reason of:

  • The application of force to the victim or to a person other than the victim;

  • Threats or fear of the application of force to the victim or to another person;

  • Fraud; or

  • The exercise of authority.

Domestic Assault Lawyers Toronto
Domestic Assault Lawyers Toronto

Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.

If you are facing domestic assault charges, it is important to seek the assistance of experienced domestic assault lawyers. A favourable outcome would be the withdrawal or dismissal of charges, a stay of proceedings, or an acquittal, as having a criminal record can have severe consequences. 


At Pyzer Criminal Lawyers, we offer a free consultation to help you understand your rights, and the charges against you, and provide guidance on the next steps to take.

Understanding Domestic Assault

Although domestic assault is not a separate offence in the Criminal Code, it is considered more serious than non-domestic assault charges by the courts. Domestic assault refers to any kind of assault or violent offence that takes place between current or former partners in a domestic violence context.

Assault offences in the Criminal Code are:

  • Assault

  • Assault with a weapon

  • Assault causing bodily harm

  • Aggravated assault

  • Sexual assault


In addition to assault charges, individuals charged with domestic violence may also face charges for other related offences:

  • Criminal harassment

  • Uttering threats

  • Mischief

  • Prohibited conduct

  • Implying harm against a person

If you are charged with an offence in the context of a domestic relationship, you may face a longer jail sentence compared to a non-domestic context.

Domestic Assault Penalties

The potential sentence for domestic assault varies depending on the circumstances of your case, such as the nature and context of the assault. If convicted, you could receive an absolute discharge (resulting in no jail time) or up to 14 years in jail, with a criminal record for an assault charge. 


Section 266 of the Criminal Code deals with the definition of assault, while section 267 outlines the penalties for different types of assault. The maximum jail sentence for domestic assault and domestic violence is:

  • Five years if no weapon was involved;

  • 10 years if a weapon was involved;

  • 10 years if you caused bodily harm to the complainant;

  • 10 years if you choked, suffocated, or strangled the complainant;

  • 14 years if you wound, maim, disfigure or endanger the life of the complainant.

Consequences of a Conviction

Being convicted of domestic assault or domestic abuse can result in a lifelong criminal record, which can have severe consequences for you and your family. It can create obstacles when travelling to the U.S., seeking employment, renting a home, or pursuing certain careers, such as teaching, childcare, or medicine. 


Additionally, if you are involved in family court proceedings, such as child custody disputes, your criminal record can be used as evidence against you in court.

Following a conviction for domestic assault or domestic violence, the court may impose certain conditions that you must abide by during and after your sentence. 


These conditions can include a no-contact order with the complainant, who is often a current or ex-spouse or common-law partner. This can be particularly challenging when children are involved. 

Your Legal Rights Under the Charter

If you are accused of assault and charged, you are entitled to certain rights under the Charter of Rights and Freedoms. If the police violate any of your rights, you may be eligible for a stay of proceedings, meaning the charges will be dropped and the trial will end. This can help you avoid having an assault conviction on your criminal record. It's crucial to remain silent and seek the advice of an experienced domestic assault lawyer if you are arrested for assault.

Right to Representation

In the event of an arrest, Section 10 of the Charter mandates that the police must inform you of your right to consult with a lawyer. The police are required to do so as soon as possible. If the police fail to notify you of this right, the court may provide you with a remedy. This could include the exclusion of certain evidence from your case or the Crown agreeing to enter a stay of proceedings.

Right to be Informed

Section 10 of the Charter also grants you the right to be informed of the reason for your arrest. The police are obligated to inform you of the grounds for your arrest as soon as possible after the arrest. 

Right to Remain Silent

If you have been arrested, it is often in your best interest to avoid speaking to the police. While you are required to provide the police with your name, date of birth, and address, it is advisable to refrain from saying anything further.

Get Help From a Proven Toronto Domestic Assault Lawyer

At Pyzer Criminal Lawyers, our team is committed to providing our clients with the best legal defence possible. We have the knowledge and skills to defend allegations of domestic violence in all jurisdictions within Toronto and the Greater Toronto Area. Contact us today for a free case evaluation and take the first step towards defending yourself against domestic assault charges.

Bail Process

After being arrested for domestic assault, the police are obligated to separate you from your current or ex-partner and take you to jail for a bail hearing within 24 hours. The purpose of this hearing is to determine whether you should be held in custody until your trial or if you should be released until then. A qualified lawyer can help you navigate the legal process and protect your rights.

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