Assault charges in Canada vary depending on the type of assault. The basic definition of assault is that you must apply force to another person without their consent.
In Canada, assault is considered a hybrid offense which means it can be prosecuted as a summary conviction or an indictable offence. As a result, there are some defences that can help you beat an assault charge.
Simple Assault
Simple assault is the most common type of assault charge laid in Canada. This is usually due to an unplanned fistfight or a push at a bar, but it can also include threats or attempted assaults that are not physically hurting someone.
The Criminal Code of Canada defines assault as the intentional application of force without the other person’s consent. This means that the threat of assault is all that is required for a charge to be filed.
Assault can be a serious charge that can lead to jail time, so it’s important to work with an experienced defence lawyer if you’ve been charged. They’ll help you understand your charges and will provide strategies for your defence.
One way to defend an assault charge is to show lack of intent. This could be a lack of intention to cause harm, or it could be that your actions were reflexive or an accident. Proving that the force you used was an accidental or unintentional act can help you get acquitted or have your charges dropped.
Assault With a Weapon
Assault with a weapon is one of the more serious assault charges in Canada and can result in a lengthy prison sentence. It is important to consult an experienced criminal defence lawyer if you have been charged with assault with a weapon.
Section 267 of the Criminal Code states that everyone who carries, uses or threatens to use a weapon or an imitation of a weapon, or causes bodily harm, is guilty of an indictable offence. The Crown may choose to proceed by indictment or it can prosecute you summarily.
In the eyes of the court, many different objects can be viewed as a weapon. This includes a stick, a knife, a gun, a bottle, brass knuckles, tools and more.
In general, the more serious your assault charge is and the greater the harm it caused, the harsher the sentence that the Crown can impose. Having a criminal defence lawyer on your side can help you obtain the best possible outcome for your case.
Aggravated Assault
Aggravated assault is a serious crime that can lead to significant jail time. The Canadian criminal code says that anyone who intentionally uses force against someone else without their consent can be charged with assault.
The most serious type of assault is aggravated assault. It is defined by the Criminal Code as an assault that leaves a victim with serious bodily harm or puts their life in danger.
In some cases, a person can be charged with aggravated assault even if they did not actually hurt the victim. For example, if a person hits another person in the face with a fist or a knife and causes them to suffer severe injuries, they may be charged with aggravated assault.
When it comes to aggravated assault charges, there is no minimum penalty and the Crown will seek a jail term upon conviction. This is an indictable offence, so it’s important to have an experienced criminal defence lawyer on your side.
Assault of Grievous Bodily Harm
Assault causing bodily harm is a serious offence that can lead to jail time, depending on the severity of the incident. Assault causing bodily harm occurs when you intentionally use force against another person without their consent.
If you’re facing assault of grievous bodily harm charges, an Ottawa criminal defence lawyer can help you fight the charge. They can also help you find a way to clear your name of the charge.
To prove that you committed assault causing bodily harm, the Crown must prove that your actions were a contributing cause of the victim’s injuries. They must also show that the injuries caused by you were more than merely transient or trifling in nature.
This can be very difficult to prove on your own. It’s a good idea to hire an experienced lawyer who can help you with your assault of grievous bodily harm charges. With his or her expertise, you can beat the charge and get a fair result.
