Assault on a government also known as a public official can have serious legal consequences. Government officials are entrusted with upholding the law and protecting public safety. Due to this, aggression against them is seen as an attack against the institutions they represent.
If you have been charged with assault on a government official, it’s important to know what the legal ramifications will be. Here we’ll give you everything you need to know about this charge, and what your next steps should be.
Defining Assault on a Government Official
In Canadian law, assault is defined under Section 265 of the Criminal Code. It is generally defined as the intentional application of force to another person without their consent. It can also include the threat of force or obstructing someone with a weapon.
When the victim is a government official, the offence is seen as more severe. While commonly associated with police officers, a government official can also be the likes of a judge, correctional officer, member of parliament, or other government authorities.
It’s seen as a more severe form of assault as it is seen as an attack on the state and its authority. The law recognizes that government officials can place themselves in vulnerable positions. For this reason, Canadian law provides enhanced protection as they should be able to carry out their duties without fear of violence.
Related Article: https://www.agpllp.ca/what-happens-if-you-are-charged-with-assault-in-ontario/
Legal Provisions and Statutes
Section 270 of the Criminal Code is dedicated to defining this specific type of assault, it states that someone commits an office if they do either of these three acts:
- Assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer.
- Assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person.
- Assaults a person who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or with intent to rescue anything taken under lawful process, distress or seizure.
This means the law is quite broad in its scope. Not only does it apply to physical assaults but also acts to impede government officials and those acting in their aid. Also, the term “public officer” can be interpreted to protect a wide range of government employees.
Penalties for Assaulting a Government Official
As with all types of assault in Canada, the penalties can vary greatly depending on various circumstances. Assaulting a government official is a hybrid offence, meaning it can be either a summary or indictable offence.
Summary Conviction – This is for less serious assaults. This generally involves a faster process with a maximum sentence of 18 months. You may not face the maximum sentence, but a stay in prison is still likely in these cases.
Indictable Offense – These are for more serious assaults and an offender can face up to 5 years in prison.
In cases where there is significant bodily harm or the use of a weapon, the charge can be upgraded to aggravated assault. Here, the maximum prison sentence is 14 years. Additionally, if the assault was premeditated or motivated by bias, it could lead to additional charges and a harsher sentence.
In many assault cases, especially those with mitigating factors, prison sentences are often avoided. However, in an assault against a government official, such leniency is rarely given. Some amount of jail time is highly likely.
Legal Defenses and Considerations
The law may be stringent in its protection of government officials, but Canada still prides itself on a fair legal process. As with any type of assault, you’ll have a fair hearing and a lawyer will still look to provide you with a solid legal defence. Here’s how:
Self-defence – It could be argued that the accused was acting in self-defence. This could be the case if they were being unlawfully detained or the government official used excessive force.
Lack of Intent – An assault requires intent. The defence can argue that your actions were never meant to harm the government official.
Mistaken Identity – If the event happened in a crowded area, or visibility was low, a case of mistaken identity can be argued for.
Related Article: https://www.agpllp.ca/how-to-beat-an-assault-charge-in-canada/
Mitigating Factors
If the guilt of the offence is clear, then mitigating factors can still reduce the sentence. Your lawyer can highlight these in court to get a better outcome for the case. These can include:
Lack of Prior Criminal Record – This can suggest it was an isolated incident
Provocation – Such as excessive force, or verbal provocation
Stressful Circumstances – Such as being a victim of a prior crime involved in a personal situation
Immediate Remorse – An instant apology and regret will be looked on kindly
Mental Health Issues – A mental health condition can be a mitigating factor
Vulnerability – Young age, disability, and other factors can result in a lighter sentence
The Importance of Legal Representation
Assaulting a government officiant can only lead to a long custodial sentence, but it can also have a huge impact on their life. This can include employment prospects, ability to travel, and social standing. Fighting the case the best you can is a necessity.
An experienced lawyer will carefully analyze your case and find areas of weakness with the prosecution. At a minimum, this can lead to a reduced sentence, but your lawyer will work hard to give you the best possible chance of acquittal.
With the severity of the charge, it’s only wise to give yourself the best possible chance of fighting it. An assault lawyer will be able to give you exactly that. Even if guilt is beyond doubt, there are many ways to reduce a sentence.
Final Thoughts
The law is designed to protect public officials. Yet, the Canadian legal system is designed to give everyone a fair trial. It’s important for anyone accused of this crime to seek expert legal advice to fight the case in any way possible.
As we’ve seen, there are many ways to fight the case for acquittal or demonstrate the mitigating circumstances. If you’re in need of legal representation, then give AGP LLP a call today. We’ll be happy to talk through your case and see how we can help.
