Under the Criminal Code, assault is defined as any person intentionally applying direct or indirect force to any person without consent. This can include attempts or threats of any kind of force, however, in this scenario the crown must prove without reasonable doubt that you had the present ability to inflict harm on another.
Assault can be further broken down into:
Assault with a weapon
Assault causing bodily harm
Assaulting a Police Officer
A “Weapon” is anything used or designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person
The severity and potential consequences vary with the type of weapon you possess, the manner your weapon was used in, and the circumstance surrounding why you possess it.
Domestic assault is seen as an assault that takes place between domestic relationship partners, whether it be husband and wife, same sex marriage, common law, boyfriend and girlfriend, or between family members.
When the Crown Attorney deems a case a “domestic assault” the degree of seriousness is raised. The Crown policy of is to prosecute these offences “with vigour.”
Allegations of domestic assault can be very trying on a family, for accused persons, complainants, and other family members.
Your best approach to this situation is to immediately seek a lawyer that will take the time to help you understand your legal rights, and who will fight for your winning results. Your first meeting with Bobby Russon and Windsor Criminal Law is always free.