What is an assault charge?

A charge is a criminal accusation against someone. The phrase "laying charges" comes from a legal process, which is called laying an information. In order for a criminal matter to begin, an information has to be laid by someone who believes that an offence has been committed. Thus an "assault charge" involves laying an information against someone who you believe has committed an assault.

Will the police always lay assault charges?

No. The police have some flexibility whether to lay a charge. In cases of family violence the police should lay charges where there are reasonable grounds to believe that there has been an assault. The police can lay charges even if you do not want them to. If the police do not lay charges and you think that they should, you can speak to the senior officer in charge.

If the police do not lay an assault charge, you can lay one. You must go to the court office and ask to see a Justice of the Peace (JP). If you have not already talked to the police, the JP may suggest you do so. The JP however, must allow you to lay the charges if you want to. Usually it will only be necessary for you to lay charges in cases of common assault. In cases of other types of assault there will usually be enough evidence for the police to lay the charge.

Can you withdraw charges after they are laid?

If you laid the charges (rather than the police) you can withdraw the charges by informing the court office where you laid the charges.

If the police have laid a charge, you cannot insist that they withdraw it. When the case goes to court you may be required as a witness for the Crown. If so, you will receive a subpoena. A subpoena is a court order telling you where and when to be in court.

The Crown presents the evidence against a person accused of breaking a criminal law. The lawyer who represents the Crown is called the Crown attorney.

If you do not obey the subpoena, the Crown attorney may withdraw the charges or ask the judge to issue a warrant for your arrest, or proceed with the case. The fact that you and your spouse may have worked out your problems, is not by itself enough to have the Crown attorney drop the charges.

If the police charge him, can he be deported?

The charges alone do not mean he will be deported. If he is convicted under the Criminal Code of Canada and sentenced to more than a 6-month in prison, he could be deported. (Source: http://cicnet.ci.gc.ca/english/newcomer/fact_07e.html)

What type of sentence will the offender get?

A common assault can be dealt with either as a serious offence (called an indictable offence) or as a less serious offence (called a summary offence). The sentence may be a fine, a jail term, a discharge or probation. It depends on the seriousness of the assault. The judge may choose one or more of these penalties. For example, the judge may fine the offender and place him on probation. The offender will have a criminal Record.