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It is a criminal offence in Canada to grab someone's arm. One can be criminally charged with assault, prosecuted and convicted if the Crown is able to prove their case beyond a reasonable doubt. Many people perceive an assault as a much more violent action than simply grabbing someone's arm.
However, the criminal code of Canada recognizes that an assault is the intentional application or attempted application of force without consent to another individual. This means any application of force, including grabbing someone's arm, could be considered an assault, depending on the circumstances.
Furthermore, in domestic assault cases, many individuals are surprised to learn that simply grabbing their partner's arm or throwing something at their partner is considered a violent enough action to constitute assault or even an assault with a weapon criminal offence charge.
In the Criminal Code of Canada Section 265, the law states that a person commits an assault when, without the consent of another person, they intentionally apply force directly or indirectly.
They also commit an assault if they attempt or threaten, by an act or a gesture, to apply force to another, causing that other person to believe on reasonable grounds that they have the present ability to effect their purpose.
The law also covers the instance where an individual openly wearing or carrying a weapon or an imitation thereof, accosts or impedes another person. The application under this section also extends to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, and aggravated sexual assault.
The subsection titled "Assault" under the Criminal Code of Canada Section 265 specifies that an assault is committed when a person applies force intentionally to another person, directly or indirectly, without the other person's consent.
Additionally, an assault is also when an individual attempts or threatens, by an act or a gesture, to apply force to another person; if the other person believes, on reasonable grounds, that the individual has the present ability to actualize his purpose, it is considered an assault. Moreover, an assault is committed if a person, while openly wearing or carrying a weapon or an imitation thereof, stops or hinders another person. This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats causing bodily harm, and aggravated sexual assault.
No consent is obtained if the complainant submits or does not resist due to the application of force to the complainant or a person other than the complainant; because of threats or fear of the application of force to the complainant or another person; due to fraud; or as a result of the exercise of authority. This particular note on consent is crucial in defining the parameters of an assault.
The specified procedures are such that when the accused alleges that they believed that the complainant consented to the conduct, the subject matter of the charge. If there is sufficient evidence that, if believed by the jury, would constitute a defence, a judge shall instruct the jury.
When reviewing all the evidence relating to the determination of the honesty of the accused’s belief, the court is to consider the presence or absence of reasonable grounds for that belief. This indicates the crucial factor of the accused's perspective and how it can potentially impact judgements in assault cases.
Grabbing someone's arm may seem minor, but under Section 265 of the Criminal Code of Canada, even minimal physical contact without consent can be considered assault. Whether it’s in a domestic context or during a heated disagreement, these situations can escalate quickly into serious criminal charges.
If you’ve been accused of assault—even for something you believe was harmless—it’s critical to consult knowledgeable criminal lawyers in Toronto. The team at Pyzer Criminal Lawyers has years of experience defending assault cases in Toronto and can help you navigate the legal process with confidence. Contact us today at (416-658-1818) or reach out online for a free, confidential consultation.
