Assault Lawyer in Mississauga

Assault charges are among the most common criminal charges laid in Peel Region, and among the most defensible. Whether the allegation comes from a bar fight, a dispute with a neighbour, a workplace incident or a road-rage confrontation, what you do in the first few days can decide the outcome. The Mississauga assault lawyers at Rashidy & Associates build a defence around the evidence, not the police summary, with the goal of keeping your record clean. See our full range of criminal defence services.

Call 905-361-9791 or book a consultation. Service in English and Arabic.

What counts as assault in Canada?

Under s. 265 of the Criminal Code, a person commits assault if they:

• Intentionally apply force to another person, directly or indirectly, without their consent.
• Attempt or threaten to apply force, and cause the other person to reasonably believe they have the present ability to carry it out.
• Openly wear or carry a weapon, or an imitation of one, while accosting or impeding another person.

No injury is required. A push, a slap or even a raised fist can be enough for police to lay a charge.

Types of assault charges

Common assault, assault with a weapon and assault causing bodily harm are hybrid offences. When the Crown proceeds summarily, the maximum sentences are much lower. Aggravated assault can only proceed by indictment.

Assault involving a spouse or partner is handled in a specialized court stream. See our domestic assault defence page.

What happens after an assault charge in Mississauga

1. Arrest by Peel Regional Police. You may be released at the scene, at the station on an undertaking, or held for a bail hearing.
2. Release conditions. These usually include no contact with the complainant and staying away from certain places. Follow them strictly. A breach is a new charge.
3. First appearance at the A. Grenville & William Davis Courthouse in Brampton, which serves Mississauga.
4. Disclosure. We review witness statements, 911 calls, surveillance and cellphone video, and medical records. Video evidence often tells a different story from the witness accounts.
5. Crown and judicial pre-trials. Many assault cases are resolved here through a withdrawal, a peace bond or diversion.
6. Trial, if the case can’t be resolved on terms that protect you.

Defences to assault charges

• Self-defence (s. 34). You acted to defend yourself or someone else from force or a threat of force, and what you did was reasonable in the circumstances. The court looks at factors like the nature of the threat, whether there were other options, the size and age of the people involved, and whether weapons were involved.
• Consent. In some situations, such as sports or a mutual fight where no serious injury was intended or caused, consent can be a defence. After R. v. Jobidon, consent does not apply where serious bodily harm is intended and caused in a fist fight.
• Defence of property (s. 35).
• Accident or lack of intent. Assault requires intentional force. An accidental collision is not assault.
• Credibility. Conflicting witness accounts, alcohol, poor lighting and bias all affect how much weight a court gives to evidence.
• Charter breaches. Delay in giving you access to a lawyer, or an unlawful search, can lead to evidence being excluded.

Possible outcomes

Not every assault charge ends in a conviction or a criminal record. Depending on the facts and your background, outcomes can include:

• Withdrawal of the charge by the Crown.
• Diversion, where completing a program or community work leads to the charge being withdrawn.
• Peace bond (s. 810), a promise to keep the peace. It is not a criminal conviction.
• Absolute or conditional discharge (s. 730), a finding of guilt without a conviction entered. The record is removed after one year (absolute) or three years (conditional).
• Acquittal after trial.

Why a charge is more serious for non-citizens

Assault with a weapon and assault causing bodily harm carry a 10-year maximum sentence. Under the Immigration and Refugee Protection Act, that can make a conviction serious criminality for a permanent resident, whatever sentence is actually imposed. Rashidy & Associates practises both criminal and immigration law, so we can plan your defence and any resolution with your status in mind.

Why choose Rashidy & Associates

• We focus on outcomes that avoid a criminal record wherever the evidence allows.
• Criminal and immigration advice from one firm.
• English and Arabic service, directly with your lawyer.
• Experience in the Ontario Court of Justice, the Superior Court of Justice and the Court of Appeal.
• Mississauga office at 145 Traders Blvd E., close to the Brampton courthouse.
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Frequently asked questions

Can the other person drop an assault charge?

No. Once police lay the charge, only the Crown can withdraw it. The complainant’s wishes are considered but are not decisive.

Will I get a criminal record for a first-time assault charge?

Not necessarily. First-time charges with minor or no injuries are often resolved by withdrawal, diversion, a peace bond or a discharge, none of which is a criminal conviction.

What is the difference between assault and assault causing bodily harm?

Bodily harm means an injury that interferes with the person’s health or comfort and is more than brief or trivial, such as a cut, a broken bone or a concussion. It raises the maximum sentence from 5 to 10 years.

Is self-defence a complete defence?

Yes. If the court has a reasonable doubt about whether you acted in lawful self-defence, you must be acquitted. The force you used must be reasonable in the circumstances.

How long will my assault case take?

Simple cases can resolve in a few months. Contested trials in Peel commonly take 12 to 18 months. Unreasonable delay beyond the Jordan limits can lead to a stay.

Related services

• Criminal Defence Lawyers
• Domestic Assault Defence
• Sexual Assault Lawyer
• Uttering Threats Lawyer
• Bail Hearing Lawyer
• Article: How to defend against assault charges

Talk to a Mississauga assault lawyer

Don’t wait for your first court date. Call 905-361-9791 or book a consultation in English or Arabic.