If you are facing assaulting a peace officer charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Assaulting a peace officer is when someone assaults a police officer, sheriff, corrections officer or other type of public officer while that officer is performing their duties.
It is classified under “Offences Against the Person and Reputation” in the Criminal Code. This offence has the same elements and maximum punishments as a conviction for common assault, but it specifies that the victim be a peace officer.
- In order to be convicted, the Crown must prove beyond a reasonable doubt that you committed an assault by:
- Intentionally applying force to a person without their consent, or
- Attempting or threatening to apply force with an act or gesture causing the person to believe that you’re going to assault them, or
- Accosting or impeding another person while openly wearing a real or imitation weapon.
Once that is proven, the Crown must also prove beyond a reasonable doubt that you:
- Committed the assault against a peace officer, public officer, or someone helping them while they are engaged in a lawful duty, or
- Committed the assault with intent to resist or prevent your or someone else’s lawful arrest or detention, or
- Committed the assault against a person who is lawfully seizing land or goods, or
- Committed the assault with intent to rescue something taken lawfully from you by law enforcement.
Other offences that involve interfering with an officer in the lawful execution of their duties are Obstructing a Peace Officer and Resisting Arrest.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of assaulting a peace officer beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto assaulting a peace officer lawyer today by calling (647) 986-8077.
Key Takeaways
- Assaulting a peace officer is when someone assaults an officer performing their duties.
- This is a hybrid offence, meaning prosecutors can choose to treat it as either indictable (more serious) or summary (less serious).
- If treated as an indictable offence, the maximum penalty is 5 years imprisonment.
- If treated as a summary offence, the maximum is 2 years in jail and/or a $5,000 fine.
- Even minor physical contact or threatening gestures toward officers can qualify as assault.
- Bail conditions typically include no contact with the officer involved, staying away from police stations, and sometimes restrictions on alcohol or weapons.
- Courts take these charges very seriously as they’re designed to protect those who enforce our laws.
- These charges can be successfully defended with proper legal representation.
- Common defences include excessive force by police, mistaken identity, self-defence, or lack of intent.
How can an assaulting a peace officer lawyer in Toronto help?
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause, including:
- Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
- Gathering evidence from witnesses that support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches;
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
- Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.
Assaulting a Peace Officer Charges in the Criminal Code of Canada
According to section 270(1) of the Criminal Code:
Assaulting a peace officer
Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Assaulting peace officer with weapon or causing bodily harm
270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,
(a) carries, uses or threatens to use a weapon or an imitation of one; or
(b) causes bodily harm to the complainant.
Aggravated assault of peace officer
270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
Examples of Assaulting a Peace Officer Charges
Here are some examples of what could lead to assaulting a peace officer charges:
- A driver pushes an officer in the chest during a traffic stop during a disagreement.
- At a public protest, police begin arresting someone and their friend begins trying to physically pull the officer away by applying force. This force could count as an assault.
- Someone intentionally kicks an officer in the leg while being placed in handcuffs while arguing that they should not be detained.
Consequences of an Assaulting a Peace Officer Charge
If you are convicted of assaulting a peace officer, you can expect to face significant penalties. It is a hybrid offence, which means that the Crown can elect to proceed by way of indictment (more serious) or by summary offence (less serious). This decision will be made based on the circumstances of your offence.
The Criminal Code of Canada outlines the maximum punishment for assaulting a peace officer:
- Indictable offence: Up to 5 years’ imprisonment,
- Summary offence: Up to 2 years’ less a day imprisonment.
Some aggravating factors that can increase the likelihood of jailtime are:
- The offence was committed while out on bail;
- The offence was committed for the benefit of, in association with, or at the direction of a criminal organization; or
- You are not a resident of Canada.
In addition to the immediate penalties resulting from a conviction for assaulting a peace officer, it can also have negative impacts on your future. You may have trouble securing employment. This is especially the case for roles that require interacting with children, the elderly, or other vulnerable sectors of society.
Assaulting a Peace Officer Charge Defences
If you’ve been charged with assaulting a peace officer, the Crown must prove beyond reasonable doubt that you assaulted an officer who was lawfully performing their duties. There are several legal strategies that may create reasonable doubt or justify your actions. Our lawyers can help determine which of these defences might apply to your specific situation.
In general, here are a few defences which may relate to different circumstances:
Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you causing the assault or other basic elements of the offence. This could include:
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- No Assault: If you can challenge the mental or physical elements of the assault, then you cannot be convicted of assaulting a peace officer. For example, if you had consent to apply force, this could challenge the physical element of the offence.
- Self-defence: If you committed the assault in order to defend yourself against an attack, this will challenge the assaulting a peace officer conviction. It’s important to note, however, that you must prove that your actions were proportional to the attack you were defending yourself against.
- Defending Someone Else: Reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
- Defending Property: Reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
“Unlawful Exercise of Duty”: This defence may arise if an officer is not acting in the lawful execution of duty. If an officer is overstepping their authority in effecting an arrest without telling you why, for example, this will challenge the definition of “duty” in the Criminal Code. However, a conviction for common assault may succeed, nonetheless. - Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms set out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.
Assaulting a Peace Officer Charge Investigation
An investigation of an assaulting a peace officer allegation in Toronto is typically initiated by the peace officer who was allegedly assaulted. Because peace officers and public officers are often vested with powers authorizing arrest, a charge can flow directly from the alleged assault and may rely solely on the statement of the officer.
Because assaulting a peace officer is a violent offence and it also relates to impeding law enforcement, the police typically take such matters seriously and will investigate the incident fully. This may include interviewing all witnesses, reviewing any video surveillance, seizing any evidence involved, photographing the scene, and obtaining medical records, if relevant.
After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.
After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.
Bail Conditions for Assaulting a Peace Officer Charges
When charged with assaulting a peace officer, you may be released at the scene with paperwork to attend court and get fingerprinting done. If the charges against you are more serious, or you have a criminal record, you may be kept in custody and require a formal bail hearing to secure your release.
In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought into the Division.
If you’re charged with assaulting a peace officer, getting released on bail usually comes with strict conditions designed to protect officers and prevent further incidents. The court treats these charges seriously because they involve allegations of violence against people who enforce laws.
One of the most common bail conditions is a complete prohibition on contacting the officer you allegedly assaulted. This means you cannot call, text, email, or approach them in any way.
Depending on the circumstances of your case, the court might impose a curfew requiring you to be at home during certain hours or even house arrest where you can only leave for specific reasons. You will need to report regularly to a bail supervisor, maintain good behavior and not commit any new offences. Any violation of your bail conditions, even minor ones, can result in new criminal charges.
