Protect Your Rights

Assaulting a Police Officer Defence Lawyer in Brampton

Assaulting a Police Officer - Young Man

Being charged with assaulting a police officer in Brampton is not only a serious legal matter—it can affect every part of your life. From your freedom to your job, your reputation to your future, everything could be on the line. But remember, a charge is not a conviction. With the right defence, you can challenge the allegations and protect your name.

As a criminal defence lawyer with decades of experience helping people in the Peel Region, I understand how overwhelming this process can feel. My job is to stand between you and the system, and to fight for a fair, honest outcome.

What Is Assaulting a Police Officer?

In Canada, assaulting a police officer falls under Section 270 of the Criminal Code. It includes any attempt or use of force against a peace officer—such as police, sheriffs, correctional officers, or even transit enforcement—while they’re doing their job. Even a threat or gesture can qualify if it causes the officer to fear harm.

You don’t need to leave a mark or injury to face this charge. A loud argument, a shove, or even an attempt to resist being handcuffed can lead to arrest.

Examples include:

  • Shouting aggressively or pushing an officer during a heated exchange
  • Struggling during arrest or pulling away from handcuffs
  • Obstructing an officer from making an arrest
  • Throwing an object, even without contact

The Consequences of a Conviction

Assaulting a police officer is always treated seriously. If convicted, you could face:

  • Up to 5 years in prison (indictable offence)
  • A lifelong criminal record
  • Loss of employment opportunities
  • Restrictions on travel, immigration, and volunteer work
  • A weapons prohibition and DNA order

Judges often impose harsher sentences to send a message that violence against police won’t be tolerated—even in situations where emotions are running high.

Why These Charges Are So Common

It only takes a moment. A loud protest, a wrong assumption, or a misinterpreted movement can suddenly become a criminal matter.

These charges often stem from:

  • Domestic calls where emotions are already high
  • Traffic stops that escalate
  • Arrests where the accused is confused, scared, or doesn’t understand their rights
  • Public events or protests

Legal Defences That Can Make a Difference

Every case is different, but here are some common defences I use to help clients fight assaulting a police officer charges:

1. Lawful Self-Defence
You’re allowed to defend yourself from excessive or unlawful force. If the officer used unnecessary aggression, or didn’t identify themselves properly, your actions might be legally justified.

2. Reflexive or Involuntary Action
Sometimes people react out of instinct—flinching, pulling away, or raising their hands in defence. These aren’t calculated acts and may not qualify as criminal intent.

3. Unlawful Arrest or Detention
If the police did not have the legal grounds to stop or arrest you, the whole case could be challenged. Any evidence gathered illegally may be excluded.

4. Mistaken Identity or Fabrication
In chaotic situations, the facts can get confused. Witnesses might get it wrong, or accusations could be exaggerated. We investigate every detail.

5. Charter Violations
Were your rights to a lawyer or silence ignored? Did the police conduct themselves unlawfully? These errors can lead to dropped charges.

What the Court Will Look At

  • Was the officer clearly identifiable and acting in their legal role?
  • Were your actions intentional or accidental?
  • Did the officer use unnecessary force or provoke the incident?
  • Are there inconsistencies in the evidence or witness accounts?

These are all areas we explore to weaken the prosecution’s case.

Why It’s So Important to Get Legal Help Early

The sooner I get involved in your case, the better. Early defence means:

  • Securing bail and avoiding unnecessary jail time
  • Collecting video, texts, and witness statements before they disappear
  • Preventing you from saying something that could hurt your case
  • Negotiating for reduced charges or alternatives to conviction
I’m not here to judge—I’m here to help you move forward with your life.

Examples of Real Defence Cases

  • Wrongful Arrest: A client charged during a protest was cleared after proving the officer failed to identify themselves and used excessive force.
  • Traffic Confusion: During a nighttime traffic stop, a driver was accused of assault for brushing an officer’s hand. We demonstrated it was accidental. Charges withdrawn.
  • Family Disturbance: Police misread a chaotic family situation. With context, we showed my client was not aggressive. The charge was dropped.

FAQ: Assaulting a Police Officer Charges in Brampton

What if I didn’t mean to hurt the officer?

Intent matters. If your actions were accidental or reflexive, that can form a strong defence.

Yes. Even threats or obstructive behaviour can lead to a charge if the officer felt unsafe.
A conviction can have major consequences. That’s why a solid defence is essential.

Yes. With the right arguments, it may be reduced to obstruction or even withdrawn.

The law allows you to defend others—if it was proportionate and reasonable.

Not always. First-time offenders or less serious cases may avoid jail with good legal help.

Let’s Defend Your Case—Together

If you’re facing an assault on a police officer charge in Brampton or the surrounding Peel Region, I’m ready to listen and act fast. You don’t have to face this alone. Let’s work together to protect your rights, your record, and your future.
Contact Gary Batasar