Charged with Assault in BC? Read 5 possible defences to assault here.

If you're charged with assault in BC, there are several defences available to you. The possible defences to an assault charge are as follows.

1. Identity

The complainant alleging assault must be able to identify that it was the accused who committed an assault. Failure for the prosecutor (i.e. Crown Counsel) to present evidence that beyond a reasonable doubt proves an accused was the assailant means that the accused cannot be found guilty.

Of course, one area of criminal defence law that is routinely debated and make criminal law difficult for all involved is articulating in each case what "beyond a reasonable doubt" is. For one person this may require a different level of proof than another person.

2. Self-Defence

If you're accused with assault, but caused harm or threatened to cause harm because you believed that you, another person, or your property was under threat, then you can defend the charge of assault on a self-defence basis.

That said, just because you used force to protect yourself, another person, or property doesn't always mean you won't be found guilty of assault. If the Court finds that you used excessive force, then that may result in a conviction. Gordon Dykstra discusses self defence during home invasions on the radio with Bill Good of CKNW here.

3. Whether the assault took place

This isn't necessarily a defence, but it's method of defending a charge of assault. In criminal law, the prosecutor must prove 2 things:

• The office took place (actus reus; and
  The accused intended it to occur (the mens rea).

If the prosecutor can't prove the offence occurred, and prove it beyond a reasonable doubt, then the accused is not guilty. This type of defence is used in all types of alleged assault situations including spousal assault.

4. No harm

If you're charged with assault causing bodily harm, the prosecutor must prove that bodily harm did in fact result. If harm cannot be proved beyond a reasonable doubt, then the portion of the charge "causing bodily harm" is not met. However, an assault conviction may result because simple assault doesn't require that harm be a consequence.

5. Consent

It could well be that harm resulted from an encounter or event, but a recognized defence could be that the event was consensual. This is a common defence in cases of sports injuries and sexual assault.

There are many ways to defend an assault charge in BC. Please keep in mind that it's not likely all of the above, and perhaps other defences are available to every case. Each case is unique. If you've been charged with assault and would to learn about available defences to the charge, talk to Gordon Dykstra today. He offers a free telephone consultation during which time you can find out if you have a defence.