The definition of assault can be found in the Criminal Code under section 265. Generally an assault occurs when a person intentionally applies direct or indirect force to another person without consent. An assault can also occur where a person attempts or threatens to intentionally apply direct or indirect force to another. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Charges can include non-domestic assault, aggravated assault, assault with a weapon, assault causing bodily harm, and assaulting a police officer.
The best way to approach the situation, understand your rights and formulate a winning defence is to speak to a lawyer who has knowledge and experience in the areas that most affect you.
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