Facing charges for assaulting a peace officer may have serious consequences, with significant penalties including imprisonment, fines, and a criminal record. Whether the assault was during a lawful arrest or a misunderstanding, having an experienced criminal defence lawyer is essential to protect your rights and navigate the legal complexities.
What Does it Mean to Assault a Peace Officer?
Assaulting a peace officer is a criminal offence under Section 270 of the Criminal Code of Canada. It refers to any act of assault committed against individuals who are acting in the execution of their duties, including police officers, correctional officers, or any law enforcement personnel. The term “peace officer” also extends to those involved in lawful arrests, detentions, or the execution of legal processes.
This offence covers situations where the accused uses physical force or even attempts to use force to resist or prevent a peace officer from performing their lawful duties. Whether it involves minor contact or more aggressive actions, the Crown must prove beyond a reasonable doubt that the peace officer was engaged in their lawful duty at the time of the incident.
The Legal Definition of Assaulting a Peace Officer
According to the Criminal Code of Canada, assaulting a peace officer includes any of the following actions:
- Assaulting a peace officer while they are in the execution of their duties.
- Assaulting a person aiding a peace officer in their duties.
- Assaulting an officer who is conducting a lawful arrest, detention, or another form of legal action.
In addition, assaulting a peace officer may escalate into more severe charges if there is evidence of causing bodily harm, resisting arrest, or using a weapon.
Penalties for Assaulting a Peace Officer Offence
The penalties for assaulting a peace officer can vary depending on the severity of the incident and whether bodily harm was caused. Even for first-time offenders, the consequences can be significant, including both short-term and long-term impacts on your life.
Potential Penalties or Sentence:
- Imprisonment: For basic assault against a peace officer, the maximum sentence is 5 years if prosecuted by indictment. If bodily harm is involved or if a weapon is used, the penalties can increase dramatically.
- Criminal Record: A conviction results in a permanent criminal record, affecting future employment, travel, and other aspects of life. It is possible to obtain a Record Suspension after 7 years though.
- Fines and Restitution: In many cases, the court may impose significant fines or order the accused to pay restitution to the officer for any injuries or damages.
The courts in Alberta take these charges seriously, especially when the safety and authority of law enforcement officers are involved. Convictions can result in longer sentences and more severe penalties if aggravating factors, such as the use of weapons or bodily harm, are proven.
What the Crown Must Prove in Assault of a Peace Officer Cases
For a conviction, the Crown must prove beyond a reasonable doubt that the following elements were present during the incident:
- The accused assaulted the peace officer, and,
- The officer was engaged in the lawful execution of their duties at the time of the alleged offence, and,
- The accused intended to resist, prevent, or interfere with the officer’s duties.
Lawful Execution of Duties
The Crown must demonstrate that the peace officer was engaged in the lawful execution of their duties. This means that the officer’s actions at the time were legally justified, such as making a lawful arrest, conducting a lawful detention, or conducting an authorized search or seizure.
If there is evidence to suggest the officer was acting outside of their lawful authority or using excessive force, this could be a crucial factor in your defence. Geoff Green, an experienced criminal defence lawyer in Edmonton, can carefully examine the details of your case and challenge whether the peace officer’s actions were lawful.
Common Defences for Assaulting a Peace Officer Charges
Being charged with assaulting a peace officer doesn’t mean you will automatically be convicted. A skilled defence lawyer will analyze the evidence and develop a legal strategy to protect your rights and fight the charges. Here are a few potential defences:
Self-Defence of Defence of Property
If the peace officer used excessive force, you may have acted in self-defence to protect yourself. To succeed with this defence, your lawyer must demonstrate that your force was proportional to the threat you faced, has a defensive purpose, and reasonable in the circumstances.
Unlawful Arrest or Detention
This could be a strong defence if the arrest or detention was unlawful. For example, your actions might be justified if the officer did not have the legal grounds to detain or arrest you. This defence requires proving that the peace officer was acting outside the bounds of their legal authority at the time of the incident.
Lack of Intent
The Crown must prove that you had the intent to assault the peace officer or to resist their lawful actions. If the event occurred during a chaotic situation, such as an accident or misunderstanding, it may be possible to argue that you did not have the intent to commit the offence.
Mistaken Identity
In some cases, the accused might not have been the individual who committed the assault. Mistaken identity can arise in confusing or crowded situations. An experienced lawyer can challenge eyewitness testimony and other evidence to establish that you were wrongly identified.
No Assault Occurred
Sometimes, the accused may argue that no assault took place or that the contact with the officer was unintentional or minimal. This defence focuses on whether the alleged actions meet the legal definition of an assault under Canadian law.
Aggravating Factors in Assaulting a Peace Officer Cases
Certain factors can increase the severity of the charges and the resulting penalties. Aggravated assault charges may be added if:
- The accused used a weapon during the assault.
- The assault caused bodily harm to the peace officer.
- The accused acted with intent to resist arrest or prevent the execution of a legal process.
These aggravating factors can elevate the charges to more serious levels, carrying longer prison sentences and harsher penalties. Geoff Green has extensive experience defending clients arrested for crimes in Alberta and can develop a tailored strategy to address the specific circumstances of your case.
Why You Need an Experienced Criminal Lawyer
Assault of a peace officer charge is complex and requires a strong defence strategy. Hiring an experienced criminal defence lawyer is critical to navigating these cases successfully. Geoff Green, a respected defence lawyer with over 25 years of experience, can provide sound legal representation, expertise, and guidance through the process.
How Geoff Green Can Help:
- Thorough Case Analysis: Geoff Green will meticulously review all the evidence, including witness statements, surveillance footage, and police reports, to identify weaknesses in the prosecution’s case.
- Negotiation with the Crown: He can negotiate with the Crown to seek reduced charges or lighter sentences, especially if your case has mitigating factors.
- Courtroom Advocacy: If your case goes to trial, Geoff Green will represent you in court, cross-examining witnesses and presenting a strong defence.
- Support Throughout the Process: Navigating the criminal justice system can be overwhelming, but Geoff Green will guide you through every step, ensuring you understand your options and are prepared for what lies ahead.
Frequently Asked Questions (FAQs) about Assaulting a Peace Officer Charges
Can I be charged with assaulting a peace officer if I was acting in self-defence?
Yes, it is possible to be charged even if you were defending yourself. However, self-defence is a valid legal argument if you can demonstrate that the force you used was reasonable given the circumstances.
Will a conviction for assaulting a peace officer result in a criminal record?
Yes, a conviction for this offence will result in a criminal record, which can have long-term consequences for your employment, travel, and personal life which may include immigration consequences.
Can the charges be reduced or dismissed?
Yes, charges can be reduced or dismissed, depending on the evidence and the strength of your defence. An experienced lawyer like Geoff Green can negotiate with the Crown and explore all available legal avenues.
Contact Geoff Green for a Free Consultation
If you’ve been charged with assaulting a peace officer in Edmonton, talk to a lawyer immediately. Geoff Green has the expertise and experience to build a strong defence and protect your rights. Contact Geoff today for a free consultation and get the legal support you need during this challenging time.