QUICK TAKEAWAY
Assaulting a Peace Officer: Peace officers are the frontline of our justice system, responsible for responding to crime and keeping the public safe. All police officers are peace officers, but not all peace officers are police officers. It is for that reason that assaults against a peace officer are taken seriously. The law demands that sentences reflect the seriousness of the crime to deter others from committing such offences and jail terms are often imposed.
Table of Contents:
Assaulting a Peace Officer
Assault is a serious crime in Canada. Depending on the degree of assault, it can result in a prison sentence of up to 14 years. Because assaulting a peace officer commonly involves using violence against a public servant or public official, you can expect the Crown to seek a jail sentence if convicted.
The charge of assaulting a peace officer, covered under s.270 (1) of the Criminal Code, is not confined to those who work in policing. The law also protects Corrections Canada prison guards, sheriffs, duty sheriffs, sheriff's officers, fish and game officers, bylaw officers, justices of the peace, court bailiffs, members of the Canadian Forces, customs agents, pilots in command of aircraft and public officials such as mayors, wardens and reeves.
It is important to remember the seriousness of the offence, the degree of injury and the use of a weapon will significantly impact your sentence if you are convicted.
If you assaulted a peace officer while carrying, using or threatening to use a weapon, you could be charged with assaulting a peace officer with a weapon. If the incident caused injury to the officer, you might face the charge of assaulting a peace officer, causing bodily harm. You can also be charged with aggravated assault of a peace officer if the alleged incident results in wounding, maiming, disfigurement or endangerment to the victim's life.
Three Types of Assaulting a Peace Officer
Assault in the line of duty
If you assault a peace officer in the performance of their job or if you assault a person who is helping that officer carry out their duties you could face criminal charges. The Crown must prove you were aware the victim was not only a peace officer but that they were acting in an official capacity.
Resisting arrest
You can face charges if you use force to resist arrest or if you assault a person in an attempt to prevent a peace officer from making a lawful arrest or detaining someone else. An arrest can be made by a peace officer or a private citizen. It is worth noting that even if you are arrested in error and resist arrest, you may still be charged.
Preventing the execution of duty
This provision protects those who are attempting to enforce a civil law matter, such as an eviction. If you assault someone engaged in the lawful execution of a seizure of lands or goods, you could face assaulting a peace officer charges. You can also be criminally charged if an assault occurs when you are trying to reclaim something that has been seized.
What is Needed to Convict
To be convicted of assaulting a peace officer, the Crown must prove its case beyond a reasonable doubt, the standard for any criminal conviction before the court. It should be noted that this charge has often been disputed by defendants who claim it was only laid after police used undue force during their arrest.
There are three elements that must be established for a conviction.
- First, the Crown must prove you intentionally used non-consensual force on the officer.
- It must also be proven that you knew the alleged victim was a peace officer.
- You must also know the officer was acting in the lawful execution of their duties.
A defence lawyer may argue that police have exceeded their powers and your rights under the Canadian Charter of Rights and Freedoms. You have the right to be free from unreasonable police searches. You have the right to know when you are being arrested. You have the right to a lawyer. These rights can impact your case.
Treated as a Summary or Indictable Offence
Section 270 of the Code is a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence with a maximum penalty of five years imprisonment when the Crown proceeds by indictment ( Indictable offenceIndictable offences are more-serious criminal offences ), or six months imprisonment on summary convictionUsed for lesser offences.
The Crown will often request a jail sentence if you have been convicted to show public respect for law enforcement and to act as a deterrent to others.
Penalties for Assaulting a Peace Officer
There are no mandatory minimums for assaulting a police officer with a maximum prison term of five years for an indictable offence or two years less a day for a summary conviction. Under the Criminal Code, those convicted of assault with a weapon face up to 10 years in prison, Aggravated assault carries a term not to exceed 14 years. Other penalties for assaulting a police officer include a 10-year weapons ban and you may be required to submit DNA to the National Database. In addition, if you are convicted your record will be entered into most police and customs officer databases in Canada and the United States.
Of course, each case is based on the facts and other aspects such as a past criminal record will be considered on conviction and sentencing.
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Catherine Tyhurst
Marie Morrison Law Corp.
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Mulligan Defence Lawyers - Criminal Lawyers Victoria BC
Glossary of Legal Terms
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
