Aggravated Assault, Assault Causing Bodily Harm, & Assault Level One

Assault Lawyer

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.

Call 905-546-1990 or E-Mail us at info@bernsteinlawgroup.ca.

Book a Free Consultation

http://bernsteinlawgroup.ca/
July 2018
MonTueWedThuFriSatSun
2526272829301
2345678
9101112131415
16171819202122
23242526272829
303112345

Contact Us Today

Invalid Email

WE'RE HERE TO HELP

ASSAULT LEGAL SERVICES

AGGRAVATED ASSAULT CRIMINAL DEFENCE

Bernstein Law Group

905-546-1990

905-546-1695

info@bernsteinlawgroup.ca

250 James St S, Hamilton, ON L8P 3B3

WE WOULD LOVE TO HEAR FROM YOU

Our legal team provides services in all languages throughout Ontario.  Our Hamilton criminal defence lawyers specialize in drug offences,  sexual assault, theft/robbery, weapons offences, and youth offences.

Invalid Email
Invalid Number