An assault is any non-consensual contact on another person. Assault can range from an argument at home to a fight at the bar to an assault causing death or murder. Even a raised fist or physical gesture can be an assault.
There are different categories of assault depending on the nature of the assault and the injuries, such as assault with a weapon, assault causing bodily harm or aggravated assault.
What is considered assault?
Assault is considered the deliberate application of force onto another person without their consent. This can be direct or indirect. It is only considered assault if the application of force is intentional; accidentally touching someone does not constitute assault. Furthermore, any non-consensual contact must be more than trifling, for example, tapping someone’s shoulder to get their attention is not assault.
Other offences against a person may not involve direct physical contact, but also constitute criminal conduct. These include threatening, harassment or breach of a peace bond.
It is an aggravating feature to all charges if they occur in the context of a domestic or family relationship.
Any assault allegation is serious, and may result in:
- a criminal record
- imprisonment
- a probation order
- bail conditions
- court fines
- other civil and collateral consequences
Filkow Law has over 50 years of collective experience and exceptional results with all types and degrees of assault offences. If you are being investigated or have been charged with any type of assault, including aggravated assault in Surrey, Kelowna, or Abbotsford, contact our office for assistance.
If you need legal assistance, give us a call or simply text us your police, court or driving documents to our text line.