Assault

John Cheevers has dealt with every type of assault case in his career. His advice to all clients is, do not speak to the police without speaking to John first. A lawyer is your resource. John will guide you through the process and deal with the police for you.

For the s. 265 offence of basic assault, the maximum penalty is five years imprisonment.

 

If you have a case relating to any form of assault, call John at 604-685-8889.

Generally, people who are being charged with assault and/ or for uttering threats are people who have been put in situations where a war of words has broken out. On many occasions, John Cheevers has been able to convince the Crown not to proceed with charges. Or, if the matter goes to court, he can make the compelling argument to the court that the assault, if there was any, was in self-defense or consensual.

Assault occurs when one person without the consent of another person applies force intentionally to that other person, directly or indirectly. Assault can occur in the form of an attempt or a threat – an act or gesture to apply force to another person. The threat must have caused an apprehension of immediate violence by the victim; words alone do not amount to an assault. A charge of assault can also occur through openly wearing or carrying a weapon or an imitation thereof.

Similarly, in prosecuting an assault charge, the prosecution must prove one of three things. That the person accused “applied force” to someone without consent. That the person accused threatened someone causing the victim to feel that the threat will be carried out. Or that the person accused begged or obstructed someone while openly wearing a weapon.

 

If you have a case relating to any form of assault, call John at 604-685-8889.

Remember, you are innocent until proven guilty. It is up to the Crown prosecutor to prove the allegation beyond a reasonable doubt.

It is up to the court to identify whether the alleged offence took place. In the case of an assault, the court must also decide whether the person who was assaulted had consented to the assault, fully appreciating what consent implies. In other words, a court may decide an assault did not occur if both participants in a fight were willing and understood the risks involved.