How to beat an assault charge

There are two ways to beat an assault charge in Canada:

1. get it dropped before trial, or


2. be found not guilty at a trial (acquitted).

How to get assault charges dropped

Assault charges are dropped for many reasons. Sometimes the Crown does not believe they have enough evidence to prove their case. This can be the result of their alleged victim not wanting to testify or other problems with the case. Of course the Crown can subpoena (legally force) their alleged victim/witness to testify sometimes but they generally do not like to do so. Most people charged with assault beat the charges because their lawyer is able to convince the Crown Attorney that is not in the public interest to proceed with their case. This is often a result of many factors including:

1. That the complainant/victim has said they do not want the accused to get a criminal record and want to communicate with them again and have them go home. This is often done in the form of a victim affidavit.


2. The accused has taken upfront steps to address the underlying issues that led to the incident such as anger management, relationship counselling, alcohol counseling, etc.


3. The accused, in addition to counselling, may have done community service work to give back to their community and make amends for whatever happened.

Everyone charged with assault in Canada has a right to a trial. Nobody is ever forced to plead guilty or resolve their case by pleading guilty, agreeing to a peace bond (810 or common law), or otherwise (perhaps after doing counselling or community service). This is applicable to both adult and youth (YCJA under age 18) cases.

Beating an assault charge will require a careful analysis of the disclosure by the accused’s lawyer along with an examination of the background history of the accused.

Everyone who is arrested and charged with assault (given a court date) is in a different position. The concept of beating the charge will be different for each person. For a first time offender, the goal is often to avoid a criminal record, probation and going to jail. Whether this is possible or not will depend on the nature of the allegation. Even a first timer charged with assault may find themselves sentenced to a lengthy jail term and a criminal record if their case involved aggravating factors such as injury, a weapon, or a vulnerable victim (young, old, mental health problems, etc.). Beating the charge via a resolution may not be possible and require a court to find them not guilty.

Those charged for the second time with an assault or violent offence will have more of an uphill battle. This is because the Crown Attorney will see the prior charge even if it was withdrawn, discharged, etc. and use it against the accused in taking their position on the case. It also does not matter if your fingerprints/mugshots were confirmed destroyed by the police. The Crown Attorney and the police still know that someone with your name, date of birth, description, known address etc. was previously charged. This will be used against you in assessing the case for a related charge particularly if it happened within the last 10 years. They will often consider this a recent prior.

But my charge was withdrawn and someone else told me it would all go away forever and nobody would ever be able to see it or find it again?

The person who told you that was either lying to you or didn’t know any better. The police do not erase arrest records even if they agree to and complete fingerprint destruction. If you are charged (fingerprinted and given a court date) even if the charges are withdrawn the local police force will keep this information about you and your case indefinitely which can come up in certain circumstances. There are things people can do to reduce the likelihood of this information about them causing problems on employment background checks and travelling to the United States.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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