Standing Up for Your Rights

Simple Assault Defence Lawyer in Brampton

Simple Assault Charges

Being charged with simple assault can be an overwhelming experience, especially if it’s your first encounter with the legal system. You might be feeling anxious, confused, or even embarrassed. But one mistake, misunderstanding, or moment of poor judgment shouldn’t define your future. That’s where I come in—as a defence lawyer who treats every client with respect, understanding, and a clear plan of action.

What is Simple Assault in Ontario?

Under Canadian law, simple assault refers to any intentional application of force against another person without their consent—or even the threat of force. Contrary to popular belief, you don’t have to hurt someone to be charged. Even raising your fist in anger or getting into a heated argument can lead to a criminal charge. Examples include:
  • Pushing someone during an argument
  • Throwing an object at someone but missing
  • Verbally threatening to punch someone
  • Gesturing in a way that causes someone to fear being harmed
These scenarios happen every day—in bars, at family gatherings, between coworkers. But once police are involved, the situation becomes serious.

Penalties for Simple Assault in Ontario

Simple assault is typically a summary conviction offence, which means it’s treated as a less serious crime. However, that doesn’t mean the consequences are light:
  • A criminal record that can affect jobs, travel, or housing
  • Probation or community service
  • Fines or, in some cases, jail time (especially for repeat offenders)

For first-time offenders, it may be possible to avoid jail and even keep your record clean—but that depends heavily on the defence strategy used.

Repeat offences or assault involving vulnerable victims (like seniors or people with disabilities) may attract harsher penalties. Courts also consider aggravating factors, such as the use of a weapon, intoxication, or violence in public places.

Legal Defences to Simple Assault Charges

A solid defence can lead to your charges being dropped, reduced, or dismissed. Common defences include:

  • Self-defence: If you felt threatened and used reasonable force to protect yourself
  • Consent: In rare cases, both parties may have agreed to the contact (e.g., in sports or roughhousing)
  • Lack of intent: You didn’t mean to make contact, or it was accidental
  • Charter rights violations: If your rights were breached during arrest, we may ask to exclude certain evidence

Every case is unique. I’ll take the time to understand your side of the story and explore every available defence.

What to Expect in the Legal Process

  • Police Charge You: This may include being taken into custody or issued a summons.
  • First Court Appearance: You’ll receive disclosure—evidence the Crown has against you.
  • Pre-Trial Meetings: I’ll meet with the Crown to negotiate possible outcomes.
  • Resolution or Trial: We either resolve the case through a peace bond, diversion, or prepare for trial.

During this time, I’ll be working closely with you to prepare documents, review evidence, contact witnesses (if necessary), and explore alternatives to conviction.

Peace Bonds and Diversion Programs

In many simple assault cases, especially for first-time offenders, we can ask the court for alternative resolutions:
  • Peace Bond: You agree to stay away from the alleged victim and meet conditions for up to a year. The charge is then withdrawn.
  • Diversion: You may complete counseling or community service. Again, the charge can be dropped upon completion.
  • You might not be allowed to return home or communicate with your partneru2014even indirectly
These options help you avoid a criminal record and move forward with your life.

Real-Life Examples

Every case is different. But the right defence strategy can change everything. I look at:

Case 1: Misunderstood Argument
A young man was charged with assault after a verbal altercation with his roommate. The roommate claimed he felt threatened by a raised hand. We provided messages showing mutual tension and a lack of intent to harm. After negotiation, the Crown agreed to a peace bond. No conviction, no record.

Case 2: Workplace Dispute
An employee was accused of assaulting a coworker during a heated exchange. Surveillance footage revealed no physical contact and confirmed it was verbal only. We presented this to the Crown, and the charge was withdrawn.

Case 3: False Accusation During Breakup
A man was charged by his ex-partner during a difficult breakup. With careful cross-examination of evidence, inconsistencies in the complainant’s story became clear. We took it to trial and secured an acquittal.

Why Choose Me as Your Brampton Assault Lawyer

  • I speak in clear, honest language—no legal jargon
  • I handle your case personally—no handoffs
  • I answer your questions—day or night
  • I fight for resolutions that protect your record and reputation

When you hire me, you get someone who understands that everyone deserves a second chance.

FAQ: Simple Assault Charges in Ontario

Is simple assault a criminal offence?
Yes. A conviction results in a criminal record.
It’s possible, but rare for first-time offenders. Alternatives like peace bonds or diversion are often available.

Only the Crown can drop charges—not the victim. But the victim’s wishes can influence the Crown’s decision.

Not necessarily. Many cases resolve without trial through negotiations, peace bonds, or diversion.
You can, unless bail conditions restrict you. A conviction might limit entry to countries like the U.S.

Most cases are resolved within 3 to 9 months.

If there was no intent and the contact was accidental, that can form part of your defence.

You can, but it’s risky. A lawyer helps you navigate procedures, negotiate better outcomes, and avoid lasting consequences.
Yes. A criminal record can limit job opportunities, especially in positions involving trust, security, or working with vulnerable people.
Not necessarily. Depending on the outcome, you may be eligible for a record suspension (pardon) after a few years.

Let’s Talk Confidentially

If you’ve been charged with simple assault in Brampton or the Peel Region, don’t wait. The sooner we talk, the more we can do to protect your rights and future.

Contact Gary Batasar