Being charged with a crime is a daunting experience that often leaves the accused individual feeling overwhelmed and isolated after their arrest. Facing the prospect of a conviction that has the potential to change the course of their lives indefinitely is no small task, and knowing how to defend your rights and fight for the best possible outcome is daunting without the right legal guidance, especially when charged with criminal assault, which carries significant weight under the Canadian Criminal Justice System. Partnering with an experienced criminal defence lawyer is critical to ensuring your voice is heard and your rights are protected.
At Vayeghan Litigation, we know just how crucial having a strong foundation of defence is to securing the best possible outcome for your assault case and ensuring you have the best chance of avoiding a criminal record or serious jail time where possible. Founded by Mo Vayeghan, a former British Columbia Crown Prosecutor, our team is proud to defend clients in Vancouver and the Lower Mainland region against charges of assault at all levels and to advocate for your right to fair representation in the court of law.
If you’re facing assault charges, below is an overview of how the Criminal Code of Canada defines assault, as well as the importance of choosing the right criminal lawyer to fight for you when it matters most. Read on to learn more.
Defining Assault in Canada
To build the strongest defence against your allegations, it is vital to understand what exactly you have been charged with. Assault is not a “one-size-fits-all” offence in Canada. The Criminal Code defines and classifies offences into different categories depending on the nature of the incident and various factors that occur during or after the act itself.
Simple or ‘common’ assault, under section 266 of the Criminal Code, is defined as: “An intentional act of force applied to another person without their consent, either directly or indirectly.” (source)
While this definition implicitly applies to physical contact, it also is applied to instances where a person attempts or threatens to use force, instilling a reasonable fear of harm in the other involved party. Assault charges can be levied even if no injury occurs, with common examples being physical altercations involving striking or pushing another person. It is also crucial to be aware that, though it may be called “simple” assault, the consequences can be grave for the accused should the Crown elect to proceed with an indictment charge (which carries the likelihood of up to five years in prison) over a summary offence that is more likely to result in fines, probation, or a lesser jail sentence.
Assault Causing Bodily Harm (Section 267a)
Assault causing bodily harm is a more serious offence than simple assault and refers to acts wherein the victim of an assault sustains injuries that damage their health or comfort. While injuries do not need to be life-threatening, they must be more than minor or temporary. If a weapon is involved in the commission of an assault, heavier penalties will typically follow.
Assault with a Weapon (Section 267b) Assault with a weapon is another elevated charge compared to simple assault and occurs when an aggressor uses a weapon (which, in this context, refers to any object that may be perceived as a weapon or able to cause harm) during an assault. This type of assault is taken extremely seriously in the criminal system and carries a maximum conviction of 18 months (summary) or 10 years for indictable offences.
Aggravated Assault (Section 268)
Aggravated assault is the most egregious of all assault charges in Canada and refers to incidences wherein a victim is wounded, maimed, or disfigured to the point of severe bodily harm, potentially leading to death. Unlike other assault charges listed above, 268 is treated solely as an indictable offence given its severe nature, and the accused may face up to 14 years in prison if convicted.
Assaulting a Peace Officer (Section 270)
Assaulting a peace officer, such as a police officer, RCMP officer, or other law enforcement personnel, is a serious crime in Canada. It occurs when the accused intentionally applies force against an officer, inflicts harm while resisting arrest, or assaults police while they conduct a lawful search or seizure. If treated as a summary conviction, the accused faces a maximum of a $5000 fine or 6 months in jail, whereas an indictable offence carries a maximum sentence of up to 5 years in prison.
Sexual Assault
Sexual Assault is defined under the Criminal Code of Canada. For a more detailed explanation, please refer to our article, which can be found here.
The Role of a Criminal Defence Lawyer in Assault Cases
Navigating the complexities of an assault charge is difficult, but with the help of an experienced criminal lawyer, you can defend your rights with confidence. At Vayeghan Litigation, we understand how vital it is to partner with legal representation you can trust to put your best interests first and that choosing the right lawyer is often the difference between a reduced sentence or even dropped charges and a life-altering conviction. Our criminal litigation team, headed by our founder, Mo Vayeghan, offers the following benefits to clients facing assault charges in Vancouver:
Exceptional Knowledge of the Criminal Code
Assault charges involve multiple layers of legal definitions, each with different consequences and potential consequences. As a former Crown Prosecutor, Mr. Vayeghan understands how the Crown operates and navigates different charges, as well as the potential implications associated with possible courses of action. Our team will help you understand exactly what your charges mean, identify the strengths and weaknesses of the prosecution’s case, and develop a tailored defence strategy to protect your rights.
Mr. Vayeghan treats each case with the same degree of meticulous attention and care, carefully analyzing every angle from police reports to witness testimonies, existing case law and more to determine the strongest foundation of defence and strive for reduced charges or even a full acquittal where possible.
Plea Bargains and Deferred Judgments
Not all cases go to trial. In fact, only a small percentage (approximately 4-10%) of criminal cases in Canada proceed to an actual trial. The majority are resolved through plea resolutions, which are often a more cost-efficient option for clients compared to the time and expense of a full trial. At Vayeghan Litigation, we provide an honest assessment of your case and work diligently to resolve matters in your favor. Mr. Vayeghan, along with his skilled team of lawyers, leverages his previous experience as a Crown prosecutor and extensive knowledge of the British Columbia court system to advocate on your behalf. Our team has a proven track record of securing positive outcomes for our clients, consistently negotiating favorable resolutions.
Many criminal cases are resolved through negotiations with the Crown, often leading to plea bargains. This process can result in a more lenient sentence, dropped charges, or even avoiding a criminal record. As skilled negotiators, we work ethically and efficiently to ensure the burden of the case is lifted from you as soon as possible, always striving for the best possible outcome.
Representation in Court
If your case goes to trial, having a skilled litigator by your side is essential. Mr. Vayeghan and his team take an aggressive yet balanced approach to defense, navigating the complexities of the court process to ensure you are protected and fairly represented. They know how to challenge evidence, cross-examine witnesses, and present persuasive arguments. With their strong commitment and dedication, they will fight for your freedom and work diligently to achieve the best possible outcome for your case.
Don’t Face Assault Charges Alone, Let Us Fight For You
Facing assault charges is a life-changing event, but you don’t have to defend yourself on your own. At Vayeghan Litigation, we believe that your voice deserves to be heard and that your rights must always be protected when facing criminal charges. With substantial experience obtaining acquittals, reduced charges, and even case withdrawals from the Crown, Mr. Vayeghan and his team are here to fight for your right to fair and equitable representation for criminal matters in Vancouver and British Columbia.
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