
If you’ve been charged with assault in Newfoundland and Labrador, you may be feeling overwhelmed, anxious, and uncertain about what happens next—especially if this is your first experience with the criminal justice system. Whether the incident was a misunderstanding, a situation that escalated quickly, or an accusation you believe is unfounded, the consequences of an assault charge can be serious and lasting.
At Orr Cabot Crosbie Oley Law (OCCO Law), our criminal defence team provides experienced, strategic representation to individuals facing assault charges in St. John’s and across Newfoundland and Labrador. We understand how to challenge the prosecution’s case, identify available defences, and work toward resolutions that protect your rights and future.
What Is an Assault Under Canadian Criminal Law?
In Canadian criminal law, assault is broadly defined. You can be charged with assault even if no physical injury occurred. Any intentional, non-consensual physical contact—whether direct or indirect—can be considered assault under the Criminal Code of Canada. This means that even a shove, a raised fist, or a threatening gesture may be enough to trigger a criminal charge, depending on the circumstances.
Types of Assault Charges in Newfoundland and Labrador
There are several different types of assault charges, each with varying degrees of seriousness:
- Common Assault: The most basic form of assault, often arising from altercations involving pushing, grabbing, or threats. These cases generally attract less severe penalties but still carry the risk of a criminal record.
- Assault with a Weapon: Involves the use of an object—such as a bottle, bat, or even a cell phone—as a weapon during an altercation. The weapon does not need to cause injury to support the charge.
- Assault Causing Bodily Harm: Occurs when the alleged assault results in physical injuries that are more than minor or temporary. The prosecution must prove that the injuries are neither trivial nor transitory.
- Aggravated Assault: This is the most serious category of assault and includes incidents where the victim is wounded, maimed, disfigured, or placed at risk of serious harm. The potential penalties are significantly higher.
Regardless of the type, all assault charges are criminal offences and may result in a permanent criminal record, restrictions on employment or travel, and—in more serious cases—jail time.
Do I Need a Criminal Lawyer for a First Offence?
Yes. Even if this is your first time being charged with a criminal offence, you should absolutely speak with a criminal defence lawyer.
Here’s why:
- A criminal record can follow you for life –  A conviction for assault—even a relatively minor one—can limit your ability to work in certain jobs, cross borders, or obtain professional accreditation.
- You may have defences you’re unaware of – Assault cases often involve competing versions of events. A skilled lawyer can help determine whether self-defence, consent, lack of intent, or misidentification could apply to your case.
- Early resolution options may be available. In some first-offence cases, it may be possible to resolve the matter without a conviction. A lawyer can help negotiate these alternatives and advocate on your behalf.
- The legal system is complex. Criminal court is not something you want to navigate alone. Having legal representation ensures your rights are protected, deadlines are met, and no strategic opportunities are missed.
At OCCO Law, we routinely represent individuals facing their first-ever criminal charges. We approach each case with the care and attention it deserves, and we work to minimize the long-term impact of the charge on your life and reputation.
What to Expect After Being Charged with Assault
If you’ve been charged with assault, it’s natural to feel uncertain about what comes next. Understanding the legal process can ease some of the stress and help you make informed decisions about your case.
Here’s a general outline of what to expect:
- Your First Court Appearance – You’ll receive a court date (often referred to as your first appearance) where the charge will be formally read. This is not a trial—it’s an administrative step where you’ll receive disclosure and set future court dates. It’s important to have legal counsel with you at this stage or to have spoken with a lawyer beforehand.
- Receiving Disclosure – The Crown must provide your lawyer with disclosure, which is the evidence they intend to rely on. This may include police notes, witness statements, video footage, and photographs. A careful review of disclosure is essential to building your defence.
- Pre-Trial Strategy and Negotiation – Once your lawyer has reviewed the disclosure, they’ll work with you to determine your options. This may include:
- Identifying legal defences
- Requesting more information from the Crown
- Entering negotiations for a possible resolution, such as a withdrawal, peace bond, or a reduced charge
- Bail or Release Conditions – If you were held for a bail hearing or released with conditions, your lawyer can help modify those conditions if they are overly restrictive. Conditions may include no-contact orders or curfews that affect your daily life.
- Trial Preparation (if necessary) – If your case proceeds to trial, your lawyer will begin preparing your defence—interviewing witnesses, collecting supporting evidence, and developing a strategy to challenge the Crown’s case. Many assault charges, however, can be resolved before reaching trial.
- Possible Resolution Depending on the evidence and circumstances, the charge may be:
- Withdrawn by the Crown
- Resolved with a peace bond
- Plea bargained to a lesser offence
- Proceeded to trial, where the court will decide whether guilt or innocence
Each case is unique. At OCCO Law, we will guide you through every step of the process with a focus on achieving the best possible outcome for your specific situation.
How OCCO Law Defends Assault Charges
Defending an assault charge requires an in-depth understanding of criminal law and the ability to challenge both evidence and testimony. At OCCO Law, we take the time to thoroughly review every aspect of your case. We examine whether your rights were respected during arrest and investigate all potential legal defences, including:
- Self-defence or defence of another
- Consent to physical contact
- Lack of intent or misunderstanding
- Credibility of the complainant
- Mistaken identity or unreliable witness accounts
Our goal is to resolve your case in the most favourable way possible—whether through withdrawal of the charges, a peace bond, or an acquittal at trial. In many cases, we’re able to achieve successful outcomes without the need for a trial.
Speak with an Assault Defence Lawyer in St. John’s Today
If you’re facing assault charges in Newfoundland and Labrador, don’t leave your future to chance. The consequences can be serious, even if it’s your first offence. At OCCO Law, we’re here to help you understand your rights, explore your options, and build a strong defence.
Contact us today for a confidential consultation with an experienced criminal defence lawyer. Located in downtown St. John’s, we represent clients throughout Newfoundland and Labrador.