What is the procedure for filing an assault charge against someone?

[Olmac]

Kind of confused here, are we talking assult or battery?

Battery being when a person intentionally causes harmful or offensive contact with another person without his/her consent.

Assult being when a person intentionally creates the apprehension of such contact, (threatening battery).

Me think someone needs to take a gander through the Canandian Criminal Code. Assualt in Canada is both your definitions of assualt and battry. I believe battery is an American term, in Canada it is "Cause Bodily harm".



Assault

265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(c) fraud; or

(d) the exercise of authority.

266. Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

267. Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

(3) For greater certainty, in this section, "wounds" or "maims" includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

(b) the person is at least eighteen years of age and there is no resulting bodily harm.

(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

269. Every one who unlawfully causes bodily harm to any person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.


I don't mean this to be a lecture, I am just trying to help inform people that need to know. I think it important to know where you stand as far as the Criminal Code is concerned.

Hope this helps.

And no, I am not a cop or a lawyer, just someone that likes to keep informed.

Oh, and here is another interesting one.

494. (1) Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence; or

(b) a person who, on reasonable grounds, he believes

(i) has committed a criminal offence, and

(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

(2) Any one who is

(a) the owner or a person in lawful possession of property, or

(b) a person authorized by the owner or by a person in lawful possession of property,

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

 

[Sherman Diddly]

...the way i see it, sooner or later everyone has to take a beating. life throws things like this at us sooner or later, and they don't build character, they reveal it.

...uh I've never had to take a beating and I'm the cockiest prick I know. I use my head - that's the key to being a fucking hero Mrs. Blonde.

 

[SethBrundle]

I don't mean this to be a lecture, I am just trying to help inform people that need to know. I think it important to know where you stand as far as the Criminal Code is concerned.

Hope this helps.

And no, I am not a cop or a lawyer, just someone that likes to keep informed.

I was thinking of tort law.

Tort law is not the same as criminal law. A crime often leads to two very different branches of the law, one being tort law, the other being criminal law. Say I punched you in the nose. This would be a crime and punishable in court. The state would prosecute me on behalf of society and not on behalf of the victim. Any fine handed out against me as a sentence would not go to the victim but would go to the government. That same punch would also give rise to an action under tort law, where you would sue me for causing you injury and your suit would ask the court to order me to compensate you, asking for an amount which, as best as can be done, the pain and inconvenience a broken nose is worth. Any compensation the court would order me to pay would go to you.

Canadian tort law, Trespass to person, definition.
http://en.wikibooks.org/wiki/Canadian_Tort_Law/Trespass_to_person

So if Fudd wanted to pursue this via criminal law then your definition of assault would be correct. If he wanted to sue the person who assaulted him for causing him injury then my definition would be correct.

hehe, now I feel smart too.

 

[Olmac]

I was thinking of tort law.

Tort law is not the same as criminal law. A crime often leads to two very different branches of the law, one being tort law, the other being criminal law. Say I punched you in the nose. This would be a crime and punishable in court. The state would prosecute me on behalf of society and not on behalf of the victim. Any fine handed out against me as a sentence would not go to the victim but would go to the government. That same punch would also give rise to an action under tort law, where you would sue me for causing you injury and your suit would ask the court to order me to compensate you, asking for an amount which, as best as can be done, the pain and inconvenience a broken nose is worth. Any compensation the court would order me to pay would go to you.

Canadian tort law, Trespass to person, definition.
http://en.wikibooks.org/wiki/Canadian_Tort_Law/Trespass_to_person

So if Fudd wanted to pursue this via criminal law then your definition of assault would be correct. If he wanted to sue the person who assaulted him for causing him injury then my definition would be correct.

hehe, now I feel smart too.

Well there ya go. I just assumed, as did everyone else here, except you, that he meant a criminal complaint. But I am glad you feel smarter now.

Also, thanks for the link, that was enlightening. As I said, I did not consider that Fudd may have meant civil action.

My understanding is that you have the option to do both, criminal and civil. You are more likely to get a decision in your favour civilly than criminally as there is not quite the burden on the complaintant to prove his case as there is for the crown to prove theirs.

 

[Krustee]

It was during a meeting of my activist group so I 've got a room full of witnesses.

Fudd - how did you get into an altercation in the first place?

Did you spray paint someone's fur coat?

Did you stand in the middle of the road blocking traffic to protest fossil fuel vehicles?

Bomb an Abortion clinic?


Why would someone randomly attack you?


Oh, one other question I've been wanting to ask;
Are you the Dalai Lama?