Defending against a simple assault charge in London often involves negotiating a Peace Bond (Section 810) to have the charges withdrawn. If negotiation fails, a skilled law firm will argue defences such as self-defence or a consensual fight at the Dundas Street courthouse to help you avoid a criminal record.
A momentary lapse of judgment during an argument can quickly escalate into a criminal charge. In Canada, “simple assault” does not necessarily mean someone was badly beaten; it can be as minor as a push, a grab, or even a threatened gesture. If the London Police Service is called to a bar fight on Richmond Row or a neighborhood dispute, an arrest is highly likely.
Facing an assault charge is intimidating, but it is one of the most commonly defended offences in the justice system. With proper legal representation, there are multiple pathways to resolve the matter without receiving a permanent criminal record. This guide explores the standard defence strategies used in Middlesex County.
Step-by-Step Process in London
Fighting an assault charge requires a methodical approach. Your lawyer will look for weaknesses in the Crown’s case and explore alternative resolutions. 📋
Step 1: Reviewing the Disclosure
The first step is for your lawyer to obtain and review the police disclosure. This includes witness statements, police notes, and any security footage. Often, what the accuser told the London Police Service differs significantly from what objective witnesses or video evidence actually shows.
Step 2: Establishing a Legal Defence
If the incident was mutual, your lawyer may argue a “consensual fight.” In Canadian law, two adults can consent to a physical fight, provided no bodily harm is caused. Alternatively, if you were protecting yourself from an unprovoked attack, your lawyer will build a “self-defence” argument, showing your actions were reasonable and proportionate.
Step 3: Crown Pre-Trial and Peace Bonds
Before proceeding to a trial, your law firm will schedule a Crown Pre-Trial (CPT). For first-time offenders facing minor assault charges, lawyers frequently negotiate for a Section 810 Peace Bond. If you agree to sign this court order promising to keep the peace and stay away from the complainant, the Crown Attorney will withdraw the criminal charges entirely. 👤
Step 4: Proceeding to Trial
If the Crown refuses to drop the charges and you maintain your innocence, the case moves to trial at the Ontario Court of Justice. Here, your lawyer will cross-examine the accuser to expose inconsistencies in their story and present evidence proving self-defence or lack of intent.
Common Defences Against Assault
Depending on the facts of your case, your lawyer will employ specific legal arguments. Here is a comparison of common defence strategies:
| Defence Strategy | How It Works in Canadian Law |
|---|---|
| Self-Defence | You used reasonable force to protect yourself or another person from an immediate threat of violence. |
| Consensual Fight | Both parties willingly engaged in a minor physical altercation, and no serious bodily harm was inflicted. |
| Lack of Intent | The physical contact was entirely accidental (e.g., bumping into someone in a crowded London pub). |
| False Allegations | Providing evidence (texts, videos) that the accuser fabricated the story out of malice or revenge. |
How Much Does it Cost in London?
The cost of defending a simple assault charge depends on how the case is resolved. Expect the following legal fees in Canadian dollars (CAD):
- Resolution / Peace Bond: If your lawyer successfully negotiates a withdrawal via a Peace Bond or diversion program early on, legal block fees typically range from $2,000 to $4,500 CAD.
- Going to Trial: If you must fight the charge at a full trial, the extensive preparation required usually brings lawyer fees to between $5,000 and $10,000 CAD.
- Bail Hearings: If you were held for bail after your arrest, expect an additional cost of $1,000 to $2,500 CAD to secure your initial release.
How Long Does the Process Take?
If your lawyer resolves the case through early negotiation, such as a Peace Bond, the process can be completed in 3 to 6 months. However, if the matter proceeds to a full trial at the London courthouse, systemic backlogs mean you could wait 12 to 18 months for your day in court. During this time, you will likely be under strict bail conditions, such as not contacting the accuser. ⌛
Frequently Asked Questions (FAQ)
Is a Peace Bond a criminal conviction?
No. Signing a Peace Bond is not an admission of guilt, and it does not result in a criminal conviction. Once signed, the criminal charges are officially withdrawn.
What happens if the other person started the fight?
If the other person was the primary aggressor, this strongly supports a claim of self-defence. Your lawyer will use witness statements to prove you were merely reacting to their threat.
Can the victim drop the charges?
No. In Canada, only the Crown Attorney has the power to drop criminal charges. Even if the alleged victim wants to drop the case, the Crown may still proceed with the prosecution.
Do I have to testify at my own trial?
You have a constitutional right to remain silent, meaning you never have to testify. Your lawyer will advise you on whether taking the stand is beneficial or too risky for your specific case.
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