What does the charge “Assaulting a Peace Officer” actually mean?
In the Canadian Criminal Code, section 270 refers to assaulting a peace officer as:
(a) Assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) Assaults a person with intent to resist or prevent the lawful arrest or detention ofhimself or another person; or
(c) Assaults a person
(i) Who is engaged in the lawful execution of a process against lands or goods in making a lawful distress or seizure, or
(ii) With intent to rescue anything taken under lawful process, distress or seizure.
A peace officer does not only extend to the police. In this definition, peace officer is a broad term. It includes police officers, prison guards, as well as people working in specialized enforcement groups. This includes military personnel or members of the Canadian forces, pilots in an aircraft, amongst other types of officers as clarified by the courts.
Penalties can include probation for up to three years, prohibition from weapons in cases of assault while carrying a weapon, or imprisonment in some cases. These penalties are dependent on the severity of the case, such as how injured the officer was, whether a weapon was used or not, and other subjective details to note.
If you, or someone you know, has been charged with assaulting a peace officer, it is imperative you seek out a lawyer in order to avoid potential lifelong consequences.
