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What is Assault ?

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Ironhead

Son of the First Nation
Sep 13, 2008
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Let me make this perfectly clear I do not go around hitting, punching or slapping just anyone. I usually have a reason which fits within the laws of the land whether it is right or wrong in the eyes of parties on both sides. It just happened that several topics came up which I have experienced in my life to date.
I have not got in to an altercation in years. I guess you could say I have retired form my youth.
Just wanted to say that.


What is assault here in Toronto, Ontario, Canada ?
We all hear the argument of hockey fighting and you cannot fight someone on the street because of the law. Well you cannot body-check a person either but it is OK on the ice, so those arguments make absolutely no sense.

There are several threads floating around right now which deal with varying degrees of assault. Slaps, sucker punches, etc.
As far as I know no one can just walk up and clock an other person just because. You must have just cause and that is the difference between assault and self defence.
Someone just starts a fight with you, you are of course going to defend yourself and you are allowed to 'within reason'.
A woman slaps you for little or no reason you have 'just cause' to ward off another 'attack', but do not pursue.
The law is complicated and if you get caught up in it, charged or victim, and it goes to court be ready for a long, slow, drawn out process, unless you get lucky.


I want to ask if you have ever been charged or know anyone who has been charged ?
Tell us the circumstance and what eventually happened ?
 
Yes, the issue of assault occurred to me as well while reading the thread where the woman slapped the guy on Indian reality tv. IMHO, which is has not been formally trained in law, nobody has the right to slap someone else. Now there could be a lot of extenuating circumstances in the video clip from the other thread I mentioned. i.e. signed contracts which do not allow for pressing of charges. And considering the slap did not cause serious harm, a judge may very well dismiss charges depending on the relationship between the two parties and what took place prior to the assault. But in my opinion, assault it is, and if you can provide proof that the assault took place, I believe the police would be obliged to press charges.

Oops, sorry...I have never assaulted anyone. Once, When I was a teenager, a guy punched me at a dance because he didn't like the way I looked. I didn't press charges.

Another time, a lady acquaintance of mine was getting assaulted by her sleezy boyfriend. This was happening in a hotel room and I could hear it happening through the door. I pounded on the door and demanded that he open the door. He did and came after me. He probably had about 40 pounds on me and looked like he had survived a few bar room brawls. I tried to look tough and prepared to engage in fistacuffs. Fortunately, the girl's brother arrived just at that moment. He outweighed the other guy by about as much as I was outweighed and immediately it was clear there would be no more fighting. And if I could go back to that moment again, I would not try to look tough and prepare for a battle I probably would have lost due to my own inexperience. I'd smile at him and tell him if he lays a finger on me, I'd see his ass in jail. Screw this macho bullshit. Of course the girl who had been assaulted wasn't interested in filing charges.
 
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Ironhead said:
We all hear the argument of hockey fighting and you cannot fight someone on the street because of the law. Well you cannot body-check a person either but it is OK on the ice, so those arguments make absolutely no sense.
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Not sure why they don't/can't charge hockey players with assault but I imagine it's got something to do with you know what might happen when you play the game and it's your choice whether to participate or not. Or maybe it's just precedent.

I have done medieval recreation of heavy-weapons combat (ie wearing armour and beating on each other with rattan weaponry) and you can't charge your opponent with assault there either (apparently been tried in the states with no success) as again "you knew what you were getting into"

Ironhead said:
There are several threads floating around right now which deal with varying degrees of assault. Slaps, sucker punches, etc.
As far as I know no one can just walk up and clock an other person just because. You must have just cause and that is the difference between assault and self defence.
Click to expand...

Don't forget "aggravated assault" where the other person may not have assaulted you first but has behaved in a manner deliberately calculated to set you off.

Ironhead said:
Someone just starts a fight with you, you are of course going to defend yourself and you are allowed to 'within reason'.
A woman slaps you for little or no reason you have 'just cause' to ward off another 'attack', but do not pursue.
The law is complicated and if you get caught up in it, charged or victim, and it goes to court be ready for a long, slow, drawn out process, unless you get lucky.
Click to expand...

I would say there is a grey area between allowed to retaliate in self-defence and not allowed retaliate in self-defense and it will come down to what the judge and/or jury can be convinced the intent/situation was at the time.
 
king21 said:
In an incident at work, where I detained another shoplifter for police, he resisted by "bumping" me. I included this "bumping" in my statement for police, they charged him with "assault" as well as shoplifting.

Assault comes in all kinds of forms and various degrees.
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Was that charge upheld in court? Charging is easy.... convicting not so much.
 
It's the bail conditions that count. If they charge you with "assault", the bail conditions can be used against you. Sometimes, you get more jail time out of the bail conditions, than for the crime.

You need to be really careful when dealing with people willing to call the cops. Making the situation go away can be enormous trouble for the law abiding person. On the other hand, someone who already has a record and knows his way around the courts, can "assault" you and sometimes get away with it. The line is much more blurry than most people think, and justice can move slowly.

Hint: If you know there is going to be trouble, in order of preference:
a) call your lawyer and security and know exactly what your legal rights and responsibilities are,
b) call the cops first, and
c) have witnesses.
Avoidence of confrontation also helps, but some criminals will prey on people they think are easy.
 
Ironhead said:
What is assault here in Toronto, Ontario, Canada ?
We all hear the argument of hockey fighting and you cannot fight someone on the street because of the law. Well you cannot body-check a person either but it is OK on the ice, so those arguments make absolutely no sense.

There are several threads floating around right now which deal with varying degrees of assault. Slaps, sucker punches, etc.
As far as I know no one can just walk up and clock an other person just because. You must have just cause and that is the difference between assault and self defence.
Someone just starts a fight with you, you are of course going to defend yourself and you are allowed to 'within reason'.
A woman slaps you for little or no reason you have 'just cause' to ward off another 'attack', but do not pursue.
The law is complicated and if you get caught up in it, charged or victim, and it goes to court be ready for a long, slow, drawn out process, unless you get lucky.


I want to ask if you have ever been charged or know anyone who has been charged ?
Tell us the circumstance and what eventually happened ?
Click to expand...
The following article describes U.S. law, but seems to cover the topic well. Note particularly the concept of "Privilege" in instances of assault:
http://www.expertlaw.com/library/personal_injury/assault_battery.html
 
A good general shorthand is "Offensive Physical Contact." This as above mentioned includes a flying fist, however it also includes a flying glass or the water flying from that glass.
 
Any intentional application of physical force to another without that person's consent is assault. A spit, shove or slap are all assaults.

The police may not be bothered to lay charges where the assault is minor.

Two people may consent to fight as long as bodily harm does not result. So a couple of dudes can push and shove at each other, but as soon as someone's teeth get punched out or someone gets a black eye, a criminal assault has occurred.

You are allowed to use reasonable force to defend yourself, your friends or your property. You cannot use more force than is necessary.

If playing a contact sport or past time, you are taken to consent to reasonable force being applied to you, but not to excessive force being used against you. A hockey player is taken to consent to being bodychecked - or even tripped - but not to being sucker punched and beaten shitless a la Todd Bertuzzi.

Does this help?
 
diane-35 said:
does it have to be physical? what about casting curse spells and voodoo on someone??
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Err, not since the early 1700's..... The rest of us sort of moved on from that about the time they stopped burning witches and hanging cats for being agents of Satan.
 
oagre said:
Two people may consent to fight as long as bodily harm does not result. So a couple of dudes can push and shove at each other, but as soon as someone's teeth get punched out or someone gets a black eye, a criminal assault has occurred.
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I think this is bullshit.
Someone who consents to or starts a fight does not have a solid case to cry assault just because they lose and get the worst of it, not that the winner is free to go as far as he wants.
 
I think it all depends on if the other person wants to press charges. If two guys are at a party...they have words...one punches the other, the other punches back. Other party goers break it up. If neither guy wants to call the cops or press charges, then there is no assault.

However, it depends on the person. If you smack someone who says something that pisses you off, he CAN report you IF he wants to and if he has witnesses, you can be charged. Back in junior high school I got into a few fights off of school grounds, almost always provoked by someone looking for trouble. Just the standard fistfight stuff for a minute, nothing major....worst injury I inflicted was I broke some guys nose with the first punch. Me...I got a black eye, split lip, cracked tooth, three stiches to my head, and a bruised shin (not in the same fight lol) I never reported anyone, nor did anyone report me. Boys will be boys afterall.

Today if boys get in a fight they hae zero tolerance policies, parents can and do call the cops, etc. Back in the day, not usually.
 
daty said:
SPELLED OUT IN THE CRIMINAL CODE

here it is ....not in a nutshell but in all it's complexity

http://www.lawyers.ca/statutes/criminal_code_of_canada_assault.htm
Click to expand...
Thanks for the link.


34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.

265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

If 2 guys consent to fight each other, it doesn't mean that the loser has the right to cry assault.
 
Malibook said:
Thanks for the link.


34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.

265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

If 2 guys consent to fight each other, it doesn't mean that the loser has the right to cry assault.
Click to expand...

That's the self-defence section. There is also the common law defence of consent to fight; that is because assault is NON-CONSENSUAL physical contact.

But one cannot consent to being deliberately injured under our law.
 
oagre said:
That's the self-defence section. There is also the common law defence of consent to fight; that is because assault is NON-CONSENSUAL physical contact.

But one cannot consent to being deliberately injured under our law.
Click to expand...


If you initiate contact and get injured you consented to the injury. Providing unreasonable force is not used.
 
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