What is Simple Assault?​

This article is a brief and general overview about Simple Assault. Simple Assault (or Assault) is defined under section 266 of the Criminal Code of Canada. According to the Criminal Code definition, Simple Assault does not need to cause injury nor does it need to require excessive use of force. Simple Assault occurs when one person intentionally threatens or applies a force, either indirectly or directly against another person without their express consent. 

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What are the legal elements needed to prove Simple Assault?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the elements of Simple Assault are:

a) That you (the accused) touched someone on purpose without their permission, or;

b) That you physically threatened to touch someone without their permission. 

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What are some examples of Simple Assault?​

Some examples of simple assault include: 

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a) Drunken arguments which result in pushing, shoving, or punching another person. 

b) Lunging at someone or throwing a punch that does not make contact

c) Punching or kicking another person

d) Matrimonial disputes that become threatening or violent

e) Spitting on another person without their consent

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​​​​​​What are the penalties for Simple Assault? ​

The maximum penalty for simple assault in Canada is 5 years of imprisonment. However, this depends on the severity and circumstances of the case. Usually, for first-time offenders, they will not receive this sentence, but can face jail time, house arrest, or an extended period of probation. 

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Common FAQs:

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1. What do you do if you have been charged with Simple Assault? ​

If you have been charged with (simple) Assault by the police, first contact us. Then, we will likely recommend counselling services for anger management as well as engagement with community services. Depending on the history, it is likely that we will negotiate with the Crown to obtain a non-jail sentence such as a conditional or absolute discharge. An absolute discharge means that although you may have been found guilty, you will serve no jail time, and will not have a criminal record as a result of the case. In a conditional discharge, you could also be granted the same, however, it may require that you complete a probationary period (of up to 1 year), or other court-ordered training classes (which are typically anger management).

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2. What are some possible legal defences for Simple Assault: 

Some of the possible legal defences for simple assault include consensual fighting, self-defence, defence to property, De minimis (which is legal defence that the nature of the assault was so minor, that it does not count as a criminal offence).

 

3. How do I contact and retain Shankar Law Office? 

If you want Shankar Law Office to represent you in your criminal case, you can contact us here. ​

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