It is not unusual for criminal lawyers to get calls from individuals inquiring about what assault and battery are. Assault is a criminal offence in Canada and is discussed in more detail below. Battery, on the other hand, is not found anywhere in the Criminal Code. “Assault and Battery” is a common term heard on American TV shows and movies. That is likely where many individuals have heard of the word “battery” and believe that it is a criminal offence. Although Batter is not a criminal offence, it is still a legal concept found in Canadian Tort Law. A tort is a civil wrong that the law provides a remedy to. Tort cases are heard in civil court, where the plaintiff frequently demands monetary compensation from the defendant.
What is assault in Canadian Criminal law?
The most frequent assault offence is common assault, also referred to as “simple assault.” It occurs when no weapons are used and there are minimal injuries, if any. Simple assault includes all physical altercations, including fistfights, physical domestic disputes, and attempted or threatened assaults. Simple assault charges are frequently brought even when there are no visible physical wounds. A Simple assault is any push, shove, slap, or even punch that does not cause bodily harm.
According to section 265 of the Canadian Criminal Code, assault is when someone uses force on another person without that person’s consent. Assault does not always involve the application of physical force; it can also involve the threat of force or the active carrying of a weapon. Assault can be either physical or psychological.
What is Battery?
As discussed above, battery is not a criminal offence in Canada. As mentioned earlier, battery as a legal concept is found in Canadian Tort law though. The tort of battery legally safeguards you from the actual physical assault and requires for ones bodily security to be compromised in some way. Damages for assault and battery in civil cases are evaluated by the physical injuries that are proven. If you have questions about Tort law, it is a good idea to seek advice from a lawyer practicing civil law.
Many other nations consider battery to be a crminal offence. In the United Kingdom, battery is a common-law crime that occurs when a defendant uses unlawful force on a victim and, like in respect to the mens rea, uses such force intentionally or recklessly. Force utilized against another person that results in offensive or harmfull contact is referred to as battery in the USA. Given how frequently it appears in newspapers and on television, many Canadians equate the term “battery” with “assault.”
Contact the skilled Toronto criminal lawyers at Karapancev Law if you have been accused of an assault. A conviction could have significant ramifications. Our attorneys know how to formulate an efficient defence strategy for the best outcome possible. In some circumstances, a self-defense argument might be applicable. Other defences might be possible, such as revealing a false accusation or a case of mistaken identification. Every case of assault is unique and demands a thorough investigation of all the facts. Allow our firm to investigate your options and review the relevant facts in your case. We serve clients from all throughout Ontario from our Toronto office, which is located at 130 Adelaide St. West, Suite 2929.