Police officers are the frontline of our justice system, responsible for responding to crime and keeping the public safe. Because of this, assaults against police officers are taken very seriously in Canada. The law demands that sentences reflect the seriousness of the crime to deter others from committing such offences, and jail terms are often imposed.
What Constitutes Assaulting a Police Officer?
Assaulting a police officer is a serious crime in Canada, covered under section 270(1) of the Criminal Code of Canada. This section outlines severe punishments for such crimes. Depending on the degree of assault, it can result in a prison sentence of up to 14 years. Assaulting a police officer commonly involves using violence against a public servant or public official, so the Crown often seeks a jail sentence if convicted. However, it is important to note that this provision does not just encompass police officers specifically but also peace officers more generally. The term “peace officer” can include any of the following: court bailiffs, sheriffs and deputy sheriffs, wardens, customs officers, bylaw officers, justices of the peace, mayors, etc.
Types of Assaults
- Assault in the Line of Duty: If you assault a peace officer while they are performing their job or someone helping them, you could face criminal charges. The Crown must prove you knew the victim was a peace officer acting in an official capacity.
- Resisting Arrest: You can face charges if you use force to resist arrest or assault someone to prevent a lawful arrest or detention. Even if you are arrested in error and resist, you may still be charged.
- Preventing the Execution of Duty: This protects those enforcing civil law matters, like evictions. Assaulting someone engaged in lawful duties, such as seizing lands or goods, can lead to charges.
What is Needed to Convict?
To be convicted of assaulting a peace officer, the Crown must prove:
- You intentionally used non-consensual force on the officer
- You knew the alleged victim was a peace officer
- You knew the officer was acting lawfully in their duties
Penalties for Assaulting a Police Officer
There are no mandatory minimums, but the maximum prison term is five years for an indictable offence or two years less a day for a summary conviction. Assault with a weapon can lead to up to 10 years in prison, and aggravated assault can result in up to 14 years. Other penalties include a 10-year weapons ban and submitting DNA to the National Database. A conviction will also be entered into most police and customs officer databases in Canada and the United States.
Possible Defences
- Unaware of the Person’s Status as a Peace Officer: If you didn’t know the victim was a peace officer, you might have a defence
- Unaware of Being Arrested: If you didn’t know you were being arrested, you might have a defence
- Self-Defence: If you were acting in self-defence against excessive force, you could argue against the charges
- Violation of Your Rights: If the officer was acting outside their duties, the assault doesn’t qualify as an assault against a peace officer
How Can We Help?
Assaulting a police officer in Canada is a serious offence with severe penalties. Understanding the law and knowing your rights can help you navigate these charges. If you find yourself charged, consulting with a defence lawyer is crucial to explore your options and build a strong defence. Our experienced team at Collett Read LLP would be more than happy to assist! Call us at (905) 541-2228 for a free consultation OR fill out our online intake form at the following link: Contact A Lawyer | Collett Read LLP | Criminal Lawyers.
