Assault and Battery Lawyers

Charged with assault, or told the police want to speak to you about a fight? An assault charge is a criminal matter, and even the least serious one can lead to a criminal record. An assault lawyer can explain the charge, protect your rights from the start and tell you which outcomes are realistic. On this page you can compare lawyers who defend assault cases in Quebec, see their rates and availability, and book a consultation online.

What an assault lawyer does

An assault lawyer is a criminal defence lawyer who handles charges involving force or threats of force. You can also browse all criminal lawyers if your situation involves other charges.

• Advice after the arrest: what the charge means, what to say and not say, and what happens next.
• Release conditions: explaining your conditions and whether they can be changed.
• Reviewing the evidence: witness statements, video, photos, medical records and the police notes.
• Negotiation: discussing the charge or the outcome with the prosecutor, including alternatives to a conviction.
• Court: representing you at every appearance and, if needed, at trial.

Assault and battery in Canada: one offence

"Battery" is an American term. It is not a separate charge in Canada. Under the federal Criminal Code, assault covers both: intentionally applying force to someone without their consent, directly or indirectly, and attempting or threatening to apply force when the person has, or appears to have, the ability to do it. A push, a slap or a raised fist can all qualify. The Criminal Code sets out levels of seriousness:

• Assault (often called simple or common assault): the basic offence, where no weapon is involved and no significant injury results. It is the lowest assault charge.
• Assault with a weapon or causing bodily harm: when a weapon is used or threatened, when the victim is hurt in a way that is more than brief or minor, or when there is choking, strangling or suffocating.
• Aggravated assault: the most serious level, where someone is wounded, maimed or disfigured, or their life is endangered.

Other assault offences exist, for example assaulting a police officer. Sexual assault is a separate set of offences with its own rules. The penalties depend on the charge, the facts, how the prosecutor proceeds and your history, and a lawyer can tell you what is realistic in your case.

Self-defence and consent

The two defences people ask about most are self-defence and consent. The law on self-defence asks whether you believed, on reasonable grounds, that force or a threat of force was being used against you or someone else, whether you acted to defend yourself or that person, and whether what you did was reasonable in the circumstances.

Consent can matter too, for example in contact sports played within the rules. It has limits: consent obtained by force, threats, fraud or the abuse of authority does not count, and the courts do not recognise consent to a fight meant to cause serious harm. Whether either defence applies depends on the exact facts, so talk to a lawyer before explaining your side to anyone.

How an assault case works in Quebec

In Quebec, a prosecutor from the Director of Criminal and Penal Prosecutions (DPCP) reviews the police report and decides whether to lay charges. Most assault cases are heard by the Court of Québec, Criminal and Penal Division, at the courthouse serving the district where the events allegedly took place. Some more serious cases can go before the Superior Court. The broad steps usually look like this:

• Arrest or a request to meet the police, where you have the right to remain silent and to speak to a lawyer.
• Release with a promise to appear or an undertaking, or a bail hearing before a judge.
• A first appearance, where the charge is formally read.
• Disclosure of the evidence to the defence.
• An outcome, negotiated or decided at trial.

Release conditions

Release almost always comes with conditions: for example, no contact with the complainant or witnesses, staying away from certain places or not possessing weapons. These conditions apply until the case ends or a court changes them, even if the other person reaches out to you. Breaking one is a new offence. If a condition keeps you out of your home or away from your work, a lawyer can tell you whether it can be modified and how.

When the alleged assault involves a partner or ex-partner, the case follows specific rules and often affects family matters. See our page on domestic violence lawyers.

Possible outcomes

Every case is different, and no lawyer can promise a result. In general, an assault case can end in one of these ways:

• No charge, or charges withdrawn: the prosecutor decides not to proceed, for example because of the evidence.
• Alternative measures: for some less serious cases, the prosecutor may refer the file to an adult alternative measures program. Completing it can end the case without a conviction.
• A peace bond: a promise to the court to keep the peace and follow conditions for a set period. It is not a conviction.
• A guilty plea: sometimes after negotiation with the prosecutor, followed by a sentence decided by the judge.
• A trial: which ends in an acquittal or a conviction.

When to call a lawyer

• The police want to meet you, or you were arrested or charged with assault.
• You were released with conditions that are hard to follow.
• You believe you acted in self-defence.
• You have a prior record, or your job, travel or immigration status could be affected.

Preparing for your consultation

• Your promise to appear, undertaking, summons or release conditions.
• Your next court date and the courthouse named on your papers.
• A short written account of what happened, for your lawyer only.
• Names of witnesses, and any photos, messages or video you have.
• Your questions: your options, the risk of a record and how the lawyer charges.

Compare assault lawyers and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all assault lawyers or see the assault lawyers in Laval.

Frequently asked questions

What is the lowest charge of assault?

Assault, often called simple or common assault, is the least serious level. It is still a criminal offence, and a conviction leads to a criminal record, so it is worth getting advice even when the charge seems minor.

What is the best defence for assault?

There is no single best defence. Depending on the facts, it may be self-defence, consent, a question about who did what, or weaknesses in the evidence. A lawyer reviews the disclosure before recommending an approach.

What evidence is needed for assault?

The prosecutor must prove the charge beyond a reasonable doubt. Evidence often includes the complainant's statement, witnesses, video, photos, medical records and 911 calls. A case can rest on testimony alone, so the credibility of each account often matters.

Can you sue for assault in Canada?

Yes. Apart from the criminal case, a person who was assaulted can make a civil claim for damages. In Quebec, victims of crime may also be able to get help through the provincial compensation program. A lawyer can explain how the civil and criminal cases relate.