Assault / Threat

Interactions with other people carry a degree of risk. Misunderstandings and disagreements happen, especially when people are in challenging situations. Sometimes people then act out physically or with improper words. Assault or threatening charges may result.

Assault is an intentional application of physical force to another person, done without the consent of the other person. A consensual fight is generally not an assault. Accidental physical contact is not an assault. Defences to an assault charge may be that it did not happen, that it was done by some other person, that it was consensual, and that physical force was justified as self-defence.

There are may variations of assault charges. These include assault with a weapon, assault causing bodily harm or aggravated assault (which describe the injuries suffered). These may result in significant jail sentences.

Threating is a statement of intention to harm or kill a person or to damage the person’s property, or to do one of these things to a family member of the subject of the threat. The threat must be communicated to someone, but need not be communicated to the person who is the subject of the threat. Note threat the crucial aspect is that the words were intended to be interpreted as a threat, not that the person actually intended to do what they said in the threat. Defences include that the words in question were never said or communicated, and that the words were not intended as a threat.

Intimate Partner Violence

Special considerations arise when assault or threatening charges arise in the context of an intimate relationship. These cases are now referred to as intimate partner violence. In general terms, an intimate partner is a spouse, or a girlfriend or boyfriend.

If you are arrested or charged with this sort of offence, you will likely find yourself on release conditions which prohibit you from contact with your partner and prohibit you from going to your partner’s residence. In most cases, this means that you can not go to your own home.

This may present overwhelming challenges for everyone involved. How will finances be dealt with? How will children be cared for? Where will you stay, and for how long? In many situations, if your partner supports it, it will be possible to get many restrictive conditions removed, and ultimately to get you back home.

In appropriate circumstances, there is often a path to resolving these cases without a permanent criminal record. This may involve fighting at trial to establish your innocence. More commonly it involves a carefully structured plan to move past any public interest in pursuing criminal charges.

If this makes sense for you, call now for your free consultation, and let’s get started.