Aggravated Assault, Assault Causing Bodily Harm, & Assault Level One
Penalties Of Conviction Of Assault
The penalties for a conviction of assault will vary depending on the specific set of circumstances, the criminal record of the accused and the presence of any aggravating or mitigating factors. An example of an aggravating factor may be a young child being a bystander, or the use of confinement.
A mitigating factor could be, among other things, it being a first time offence or the accused having mental health issues.
What Is Assault?
Section 265(1) of the Canadian Criminal Code sets out three scenarios that will constitute an assault:
a) When a person intentionally applies force to another person, either directly or indirectly, without their consent.
b) An act or gesture will constitute an assault if (1) a person uses such an act or gesture to attempt or threaten to apply force to another person and (2) if this causes the other person to believe on reasonable grounds that the alleged attacked has the present ability to effect his or her purpose; or
c) When a person accosts or impedes another person or begs, while openly wearing or carrying a weapon or an imitation thereof. Assault also requires the absence of consent from the complainant, however, a complainant cannot consent to a criminal act, such as assault, which may cause serious hurt or non-trivial bodily harm.
What Is Assault Causing Bodily Harm?
Section 267 of the Canadian Criminal Code sets out that an assault causing bodily harm occurs when an individual commits an assault, as in those three scenarios in Section 265(1) and during the commission of that assault causes bodily harm to the complainant.
What Is Aggravated Assault?
Section 268 of the Criminal Code sets out that an aggravated assault occurs when an individual during the commission of an assault, as seen above, wounds maims, disfigures or endangers the life of the complainant.
This is a very serious charge, and sometimes, depending on the strength of the Crown’s case, may be able to be reduced to a lesser assault charge.
Contact A Lawyer Before Pleading Guilty
Often times individuals who don’t have run-ins with the law may find themselves charged with some form of assault. Assault charges are one of Bernstein Law Group’s focuses of practice and we will be pleased to review your file.