The Difference Between Assault and Self-Defence in Canada

Assault and self-defence are terms that may be confusing to those who are not well versed in legal terminology. Someone might say, “It wasn’t assault! It was self-defence!” That phrase means yes, I committed assault, but I did it to defend myself. But under the law, assault and self-defence are not the same thing. This is what we are going to discuss today in our blog.

Assault

Assault is a criminal offence for which someone can be charged. There are different types of assault, more or less serious. And these offences can be treated as summary offences (less serious) or indictable ones (more serious). For example, if you beat someone up with a weapon and that person lies between life and death in a hospital ICU, that is likely going to be an indictable offence.

Self-Defence

Self-defence is a type of defence strategy when someone is charged with assault (or other criminal offences). As a defence, one can try to make the case, that you beat someone up because that person was threatening you and you believed your life depended on it, for example.

There are many types of defence strategies and self-defence is just one of many. Your lawyer will decide what is the best defence strategy to use—not you. If you are charged with a criminal offence such as a serious assault charge, you need to hire a lawyer as soon as possible. Your best chance at a good outcome is to have a lawyer working on your behalf.

One of your fundamental rights if you are accused of a crime is the right to remain silent. And you should exercise that right. Be quiet. Do not make statements to the police except on the advice of your lawyer. Leave the strategizing to your lawyer. Your lawyer will be much better at it than you will.   

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.