The services of an assault lawyer is considered essential during the pandemic. Lawyers need to continue in offering their services in any way they can to ensure that justice is served to people. When a person is charged with a crime, he needs a lawyer for legal representation notwithstanding the pandemic.
A 39-year old Kelowna man was arrested by the police for allegedly breaking and entering an empty home. However, during the arrest, the man spat on the face of one of the police officers. The man was charged with aggravated assault.
According to police spokesperson, Const. Jocelyn Noseworthy, spitting on a person is considered as serious assault but doing it during the pandemic is totally unacceptable. Bryan Fitzpatrick, a Kelowna defense lawyer, said that criminal law recognizes intentional application of force without consent as assault. Under the Criminal Code, spitting or coughing on anyone also amounts to assault.
Even before the pandemic, people have been charged with assault after spitting on a person. However, this issue was highlighted during the Covid-19 pandemic because of the increased concern of the virus spreading through bodily fluids.
Fitzpatrick also said that spitting or coughing unintentionally is not considered assault under the Criminal Code. It becomes an assault when there is an intent to spread a disease. Even if the victim does not get sick, the courts will see it as an aggravating factor. The court will consider the psychological harm on the victim who is worried that he has been exposed to a disease.
There is a host of examples across Canada of people who have been arrested and charged after spitting and coughing during the pandemic. In Ontario, a man was charged with assault for allegedly spitting on a store clerk. In Alberta, a man was also charged with assault after he was alleged to have coughed on a Edmonton bus driver.
If you are arrested for assault, your best option is to call the assault lawyer for legal representation. In case the lawyer’s office is closed, you can always make a call for free legal consultation. The criminal justice system is still working even during the pandemic.