What Is Assault and Threat?
The Criminal Code of Canada defines assault offences under specific types based upon the circumstances during the offence. Some of the more common types of assaults offence one could be charged with, include, but are not limited to:
- Uttering Threats
- Assault
- Aggravated Assault
- Assault with a Weapon
- Assault Causing Bodily Harm
- Assaulting a Public Transit Operator
Torture - Assaulting a Peace Office
- Aggravated Assault of a Peace Office
- Assaulting a Peace Office with a Weapon
- Assaulting a Peace Office Causing Bodily Harm
According to Section 264, an uttering threats offence is committed when:
- A person knowingly utters, causes, or conveys, in any manner, a threat against another person.
- The threat indicates the intention to cause bodily harm or death towards another.
- The threat is made to destroy, damage, or burn another’s personal property.
- The threat is made to injure, harm, kill, or poison the pet of another person.
According to Section 265, an assault is committed when:
- A person intentionally applies force against another individual, without their consent, either indirectly or directly.
- A person, who knowingly impedes or accosts another individual, or begs, while the accused is openly carrying or wearing a weapon or reasonable imitation.
- A person threatens or attempts to apply force to another individual, by a gesture or act, if the accused causes or has caused the other individual to believe, under reasonable circumstances, the accused has the current ability to affect their purpose.
According to Section 270, assaulting a police office is committed when:
- A person knowingly assaults a peace officer while engaged in the execution of their sworn duties or while aiding another officer.
- A person assaults a peace officer while attempting to prevent or resist arrest or the detention of themselves or another person.
- A person assault a peace officer, who is performing the lawful execution against goods or land, or such seizure, or has the intention to attempt to take anything away from a peace officer that was obtained under lawful distress, seizure, or process.
The punishments for assault and threats criminal offences are based upon whether a person is prosecuted under a summary conviction or an indictable offence. It should be noted the Criminal Code does prescribe maximum imprisonment periods for being convicted and found guilty of assault and threats offences.
In addition, Section 265 applies to all forms of criminal assaults, including sexual assault, aggravated sexual assault, and sexual assault with a weapon. For more information about sexual assault offences, please review the sexual assault page by clicking here.
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If you or anyone you know has been charged with an assault or threat offence, it is important to speak directly to a criminal defence lawyer in North York, Toronto to find out yours rights and get your questions answered. Please contact Farjoud Law at (647) 424-1288 and speak directly to a criminal lawyer regarding your matter. We are available 24 hours a day, 7 days a week.
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Please note that this article is solely for informational purposes and should not be considered legal advice. Please consult a lawyer prior to acting or relying on any information in order to ensure the protection of your rights and interests.
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Assault & Threats FAQs
The most obvious way someone could utter threats is verbally. Although, in the digital age, threats could be made through emails, text messages, social media page postings, Twitter posts, and so on. As long as a person feels the other person, who made the threat, has the capabilities to carry it out, they can file charges against them through the police.
No. You could make the threat in front of other people verbally or communicate the intentions of your threat to others through digital means. Anyone, not just the intended victim, could press charges through the police if they believe your intentions to carry out the treat.
In some situations, you may make, what is referred to as an “idle” threat, with no intention of carrying out the implied actions. Depending upon the circumstances, as well as how, where, and when the threat was made, there still is a possibility you could be charged with an uttering threats offence. Although, in several cases, during the police investigation, they determine it was only an “idle” threat, so no charges are made.
Consent is when one person agrees or gives their permission to have force applied against them. Consent is an essential component to determining when assault has occurred. In order to be charged with assault, it must be established that the victim did not consent to the force that was applied against them.
There are different types of consent a person can give. It is important to verify the type of consent the person has given before applying force, either directly or indirectly.
For instance, you and another person agree to play hockey. It is understood there will be force applied to both people, as this is a contact sport. However, if you decide to start hitting the other person repeatedly with your hockey stick because you are losing, you could possibly be charged with an assault offence.
Consent is only valid for a specific period of time and once. Each time you engage in behaviour that could be considered assault, you must both mutually consent to the activity each and every time. Just because consent was given in the past, does not mean it is still valid in present or in the future.
No. Once a claim of assault has been filed through the police, they are required under law to fully investigate that claim. Even if the other person requests the charges be dropped, it is not their decision.
If the police determine, there was indeed, no consent given, you can be charged with assault. At this point, it is up to the Crown to determine whether there is sufficient evidence to prosecute you.
