Goldwater Dubé: Your Montreal Assault Lawyer

If you are accused of assault, contact the law office of Goldwater, Dubé. Our Montreal assault lawyer can defend your rights. Book an appointment with us today.

Montreal Assault Attorney

Assault charges should not be taken lightly in Montreal. An assault conviction could lead to lengthy jail time and fines running up to thousands of dollars. If you are accused of assault, contact an assault lawyer from Goldwater Dubé immediately. We can represent you throughout the criminal process and make sure your rights are protected. Our experienced criminal defence attorneys are just a click away.

What Is Assault?

According to Section 265 of the Criminal Code (C.C), you commit assault when:

  1. You intentionally use force, directly or indirectly, against someone without their consent.
  2. You attempt or threaten (through acts or gestures) to apply force to someone. Your acts or gestures cause them to believe on reasonable grounds that they are in danger
  3. While openly wearing or carrying a weapon, you threaten and obstruct someone

What Are the Types of Assault?

Simple/Common Assault (Section 266 C.C)

A common assault involves using or threatening to use force against a person without their consent. It may include pushing, slapping, punching or throwing objects. The prosecution may decide to try the case summarily or as an indictment. If tried as an indictment, you may face a sentence of up to five years imprisonment.

Assault With a Weapon (Section 267 C.C)

Openly carrying, using, or threatening to use a weapon or imitation of a weapon is a serious offence. A weapon is anything designed to cause injury, death, or temporarily incapacitate a person. It could be a gun, knife or any other sharp object. This is a hybrid offence, punishable as either an indictable or summary offence. As an indictable conviction, assault using a weapon can result in imprisonment for up to ten years.

Assault Causing Bodily Harm (Section 267 C.C)

Assault causing bodily harm is more serious than simple assault, as it involves causing a physical injury.

This form of assault also includes choking, suffocating or strangling someone. A summary conviction for this offence is punishable by up to eighteen months in jail. An indictment charge for this form of assault may result in up to ten years in jail and serious consequences.

Aggravated Assault (Section 268 C.C)

This is the most severe type of assault and involves causing permanent or life-threatening injuries to another person. Wounding, maiming or disfiguring someone is an aggravated assault punishable by up to fourteen years imprisonment.

Assaulting a Peace Officer (Section 270 C.C)

It is an offence to assault a police officer executing their duty or to prevent lawful arrest. If tried as an indictable offence, the penalty is up to five years in prison. If you commit the assault with a weapon or cause bodily harm, you may be sentenced to a maximum of ten years.

Sexual Assault (Section 271 C.C)

You commit sexual assault if you make sexual contact or violate someone without their consent. This is a serious form of assault which may involve sexual touching, kissing, rape, or any unwanted sexual activity. Indictment charges for sexual assault carry a punishment of up to ten years in prison. It may increase up to fourteen years if the victim is a minor.

Sexual assault as a first offence using a weapon, threats or causing bodily harm is punishable by up to five years in jail. Subsequent offences are punishable by up to seven years. In certain circumstances, an aggravated sexual assault may result in life imprisonment.

If you were arrested for sexual assault, it may be risky to fight your charges alone. It is important to contact our criminal lawyers as soon as possible.

Domestic Abuse or Domestic Violence

There is no offence of domestic violence under the Criminal Code of Canada. However, any assault act against an intimate partner is an offence. If it involves using a weapon or is an aggravated assault, it may result in severe penalties.

    What Are Some Common Defences Against Assault Charges?

    There are several defences against assault charges, and we can help you build the best defence for your case.


    You may justify the use of force if you can show that it was done to protect yourself or your family. You must show that you had reasonable grounds to believe you were being assaulted. If your actions were in self-defence, the court may dismiss your charges.


    The Crown prosecutor bears the burden of proof to show that you acted against the victim’s consent. Consent may be implicitly or explicitly given and is usually determined from the facts of the case. If you can show that the victim consented to the use of force, then you have a reasonable defence. Note, however, that you cannot use this defence if you caused significant harm or death to the victim.

    Lack of Intent

    The court may drop your charges if you can prove that the use of force was by accident and not intentional. Mistakenly bumping into someone and causing them harm is not assault because it lacks intent.

    Why Do You Need an Assault Lawyer From Goldwater Dubé?

    After you are arrested for assault, you may be taken into custody by a police officer. During your encounter with the police, whatever you say may impact the outcome of your case. You may think of talking your way out of the charges to prove your innocence. But police officers may use your words to build their case against you.

    Assault lawyers at Goldwater Dubé can advise you on how to answer police interview questions. We can prevent you from making statements that could be used against you in court. Our criminal lawyer can also help you understand the consequences of your charges and represent you at your pretrial hearings and trial. We will listen to your story and advise you on the legal options available to you.

    Speaking to a Montreal Assault Lawyer at Goldwater Dubé

    Dealing with criminal charges such as assault may be devastating. Assault charges come with severe consequences, including a criminal record. Retaining the legal services of an assault lawyer from Goldwater Dubé will increase your chances of a favourable outcome.

    At Goldwater Dubé, our team has the knowledge, experience, and resources to handle complex criminal cases. If you face assault charges in Montreal, contact our law office today.


    Make an appointment with a member of our team today.