Assaulting a Peace Officer

Assaulting a peace officerPeople involved in upholding justice can result in a prison sentence ranging from up to five years (for the basic offence) to up to 14 years (for the most serious form — aggravated assault of a peace officer under s.270.02), depending on how the charge is laid and what happened. Because assaulting a peace officer commonly involves using violence against a public servant or public official, you can expect the Crown to seek a jail sentence if convicted.

The charge of assaulting a peace officer, covered under s.270 (1) of the Criminal Code, is not confined to those who work in policing. The law also protects Corrections Canada prison guards, sheriffs, duty sheriffs, sheriff's officers, fish and game officers, bylaw officers, justices of the peace, court bailiffs, members of the Canadian Forces, customs agents, pilots in command of aircraft and public officials such as mayors, wardens and reeves.

It is important to remember the seriousness of the offence, the degree of injury and the use of a weapon will significantly impact your sentence if you are convicted.

If you assaulted a peace officer while carrying, using or threatening to use a weapon, you could be charged with assaulting a peace officer with a weapon. If the incident caused injury to the officer, you might face the charge of assaulting a peace officer, causing bodily harm. You can also be charged with aggravated assault of a peace officer if the alleged incident results in wounding, maiming, disfigurement or endangerment to the victim's life.

Assault in the line of duty

If you assault a peace officer in the performance of their job or if you assault a person who is helping that officer carry out their duties you could face criminal charges. The Crown must prove you were aware the victim was not only a peace officer but that they were acting in an official capacity.

Resisting arrest

You can face charges if you use force to resist arrest or if you assault a person in an attempt to prevent a peace officer from making a lawful arrest or detaining someone else. An arrest can be made by a peace officer or a private citizen. It is worth noting that even if you are arrested in error and resist arrest, you may still be charged.  

Preventing the execution of duty

This provision protects those who are attempting to enforce a civil law matter, such as an eviction. If you assault someone engaged in the lawful execution of a seizure of lands or goods, you could face assaulting a peace officer charges. You can also be criminally charged if an assault occurs when you are trying to reclaim something that has been seized.

To be convicted of assaulting a peace officer, the Crown must prove its case beyond a reasonable doubtThe high standard the Crown must meet to prove guilt., the standard for any criminal conviction before the court. It should be noted that this charge has often been disputed by defendants who claim it was only laid after police used undue force during their arrest. 

There are three elements that must be established for a conviction.

• First, the Crown must prove you intentionally used non-consensual force on the officer.
• It must also be proven that you knew the alleged victim was a peace officer.
• You must also know the officer was acting in the lawful execution of their duties.

A defence lawyer may argue that police have exceeded their powers and your rights under the Canadian Charter of Rights and Freedoms. You have the right to be free from unreasonable police searches. You have the right to know when you are being arrested. You have the right to a lawyer. These rights can impact your case.

Assaulting a peace officer is a hybrid offence. The maximum is 5 years if prosecuted by indictment. On summary conviction, the general maximum is a $5,000 fine, imprisonment for two years less a day, or both.

The Crown will often request a jail sentence if you have been convicted to show public respect for law enforcement and to act as a deterrent to others.

There are no mandatory minimums for assaulting a police officer with a maximum prison term of five years for an indictable offence or two years less a day for a summary conviction. Under the Criminal Code, those convicted of assault with a weapon face up to 10 years in prison, Aggravated assault carries a term not to exceed 14 years. Other penalties for assaulting a police officer include a 10-year weapons ban and you may be required to submit DNA to the National Database. In addition, if you are convicted your record will be entered into most police and customs officer databases in Canada and the United States.

Of course, each case is based on the facts and other aspects such as a past criminal record will be considered on conviction and sentencing.