Assaulting a Peace Officer
Assaulting a peace officer involves violence against law enforcement while they perform their duties. Defined under Section 270 of the Criminal Code, this hybrid offence can lead to severe penalties, especially if proceeded by indictment.
Assaulting a peace officer, defined in Section 270 of the Criminal Code, is a serious criminal offence involving violence against a public official or public servant. This section is intended to protect law enforcement officers as they perform their duties. Recognizing that these individuals may sometimes face hostility, aggression, and violence while carrying out their responsibilities, the law has criminalized assaults committed against them.
This offence can be committed in three different situations: when a person attacks an officer carrying out their lawful duties; when a person assaults someone with the intent to resist or prevent their lawful arrest or detention; or when a person attacks someone involved in the lawful process of seizing goods or lands.
Assaulting a peace officer is a hybrid offence. This means that the Crown can choose to proceed with the charge either by indictment or by summary conviction. If convicted of an indictable offence, you will face more severe penalties than if sentenced for a summary conviction.