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Showing posts from May, 2023

Assaulting a Peace Officer: Charges, Penalties, & Possible Defences

Canadian courts take crimes against peace officers seriously. The charge is under “Offences Against the Person and Reputation.” Similar to other assault charges, the same elements of assault must be met but unlike other assault types, the victim in the assault is a peace officer. The Criminal Code outlines serious punishments for such crimes against peace officers. What is Assaulting a Peace Officer? First, the Crown must establish you committed an assault. You will be found to have committed an assault if any of the three situations occur: You intentionally applied force to another without their consent; or You attempted or threatened to apply force with an act or gesture causing the victim to believe you were going to assault them; or While wearing a real or imitation weapon, you accosted or impeded another person Then, the Crown must prove you committed the assault against a peace officer. Assault against a peace officer is outlined in section 270(1) of the Criminal Code . ...

How to Defend Yourself Against Sexual Assault Charges In Canada

In Canada, sexual assault occurs when a victim is coaxed, manipulated, or forced into any unwanted sexual activity. In order to secure a successful conviction for sexual assault, a Crown prosecutor must prove beyond a reasonable doubt that the accused committed the assault itself and that the accused intended to commit the assault. In order to prove that the accused committed a physical act, the prosecutor will have to demonstrate that there was touching, that the touching was of a sexual nature and that there was an absence of consent. A conviction for sexual assault is very serious and can result in a prison sentence, loss of employment, mandatory supervision upon release, and registration as a sex offender. If you have been accused or charged with sexual assault, founded or unfounded, it is important that you contact an experienced criminal defence lawyer as soon as possible. When formulating the best defence to sexual assault allegations, there are a number of important factors t...