Self-Defence and Assault: How Does the Legal System Work?

It’s a kind of criminal offence in Canada. The use of threat or force against an individual can be considered assault, especially if you engage in any of these actions without their consent. Biting, pushing, hitting, spitting, and verbal threats are some of the common forms of assault. You can face charges for causing physical harm, aggravated assault and common assault. Fines and jail time can be less severe for cases of common assault. However, you may have to spend ten years in jail if you injure another person. Examples include a cut, a concussion, or a broken bone. If you face charges for aggravated assault, you may need to spend 14 years in jail. Disfiguring, maiming, and wounding are the best examples of aggravated assault.

An expert defence lawyer can get any of these charges dropped or reduced because of his experience, skills, and understanding. You can expect him to prove that you were facing a real threat, that the use of force was self-defence, and that the force you used was appropriate for the danger.

Section 34 (Criminal Code) governs self-defence cases in Canada. According to this provision, you are not considered an assailant if the circumstances justify that the force used was reasonable. You acted in a certain way to protect yourself or someone else. Nevertheless, courts will analyze whether the response to the threat faced was proportional. Suppose you repeatedly punch someone after that person shoved you. It’s not considered reasonable. Courts make decisions based on multiple factors, such as the nature of the physical or verbal threat, the intensity of the force used, the accused's alternative options in that scenario, the involvement of weapons, and who initiated the entire act.