Theft refers to unlawfully taking someone else's property with the intent to permanently deprive them of it. Aggravated assault involves causing serious physical harm or threatening to do so, often with a weapon.

Both offenses are serious and can lead to severe legal consequences. If you're facing charges, consulting a theft lawyer in Toronto might be your best move.

Common Defences to Theft  

Below are seven common criminal defences to theft charges:

Lack of Intent

Theft requires intent to permanently deprive the owner of their property. If you didn't intend to steal and acted without knowledge that you were committing theft, this could be a defense.

Mistake of Fact

If you believed that the property was yours or had permission to take it, this mistake can serve as a defense. For example, accidentally taking someone else's bag, thinking it was your own, might fall under this defense.

Consent

If the property owner gave you permission to take the item, it’s not theft. Proof of consent, whether verbal or written, can invalidate the theft charge.

Entrapment

If law enforcement coerced or persuaded you into committing theft that you wouldn't have otherwise, you may claim entrapment. This defense argues that you were pushed into illegal activity by authorities.

Duress

If you committed theft under threat of harm or coercion from someone else, you might use duress as a defense. The threat must be immediate and serious.

Insufficient Evidence

If the prosecution cannot provide enough evidence to prove beyond a reasonable doubt that you committed theft, your defense can argue for a dismissal. Lack of solid evidence can weaken their case.

Alibi

An alibi shows that you were somewhere else when the theft occurred. If you can prove you weren't present at the scene, it can be a strong defense.

Elements of Aggravated Assault

If you're a victim of assault, a skilled Toronto assault lawyer can help. Here are the key elements of aggravated assault:

Intent

The attacker must have a clear intention to cause serious harm. This isn't about accidental injuries but about deliberately aiming to inflict significant damage.

Serious Harm

The assault must cause or threaten significant injury. Minor or temporary injuries don't meet the criteria for aggravated assault.

Use of a Deadly Weapon

Often, aggravated assault includes using a weapon capable of causing severe injury or death, such as

  • A firearm
  • Sword, or
  • knife

Victim's Perception

The victim must experience a reasonable fear of imminent harm. It's not just about what happened but how the victim perceives the threat.

Unlawful Act

The assault must be illegal. Actions taken in self-defence or under legal justification are not considered aggravated assault.

Each case is unique, so it's important to discuss your specific situation with a legal professional. A skilled and experienced lawyer will review your case and advice you based on the facts of the case.