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People with assault charges in Ontario often remain confused about the seriousness of the scenario. Their basic query related to the matter can be “how bad the situation is?” or similar to that. It clearly indicates the unawareness and confusion about the criminal code of Canadian law.
The ignorance on the matter is behind the rise in the number of assault cases. However, the situation can be highly troubling as every assault charge leads to different statements. Thus, it becomes vital to understand the assault charges in Canada and what to do to deal with the matter.
Here, in this blog, we are covering the broad-scale classification of simple assault in Canada as per Canadian laws. The assaults under the Canadian criminal code cover the threat of actual harm and protection. Other than that, the type of assault (like verbal, sexual, aggravated, and more) also matters a lot in order to assess the situation and make the right move.
Let’s dive into more details on Canada’s criminal code that defines assault and its kinds. Stick to the end to know the penalties/punishment associated with the matter and how to get legal assistance.
What Is An Assault?
The most common form of assault involves a kind of force that is applied to the other person in order to harm them. The assault from the accused either directly or indirectly without the consent of the other person.
However, as per cc 266 b, the force applied in the assault has to be intentional in all ways. For instance, hitting someone accidentally isn’t counted as an assault. The majority of the people face domestic assault charges in Ontario because of forceful applications like a push or a punch. That’s when they need reliable and trustworthy legal aid from an experienced lawyer.
Often there are ways when you can be aggravated assault without even touching the other person. A simple aggressive approach towards someone with a weapon or threats of using force can be considered under the assault charges in Ontario as well.
Let’s take a deeper look at the type of various assaults and how to deal with them while living in Canada.
What Are The Types Of Assault?
#1. Simple Assault
As per the name, simple assault is one of the basic and common forms of offense in Canada. The variety and type of this assault happen when the assailant restricts the usage of the weapon and still causes the plaintiff errors. The prosecution of the simple assault can be done in two ways –
A person with a simple assault under section 266 of the criminal will be processed directly by the judge. The case is prosecuted without the need for a jury or a jail sentence. In other cases of a simple assault, the case can be treated as an indictable offense. The accused might be liable to imprisonment for five years of prison with a formal court process.
#2. Assault with a Weapon
Assault with a weapon happens when a person uses or threatens to harm another person. It is also considered to be an imitation of the weapon to cause damage to the other individuals. The bodily harm can be due to any weapon like a gun or knife and as per the usage.
The serious criminal offense falls under Section 267 of the Criminal Code of Canada. The indictable crime would be considered an offense with a conviction of 18 months imprisonment. The case is going to proceed to an indictment with a maximum penalty of 10 years or more.
#3. Assault Causing Bodily Harm
This type of assault charge in Ontario happens when the offender uses physical force in the conflict. As a result of this assault, someone might get hurt from scratches to fractures. For instance, the assault with a weapon can lead to the prosecution of the summary conviction of 18 months penalty. The prosecution can be of an indictable offense with a maximum penalty of 10 years in prison.
#4. Aggravated Assault
It is another sort of simple assault in Canada falling under section 268 of the Criminal Code of Canada. The person will face the conviction of aggravated assault if the complainant faces a wound, maiming, disfigurement, or danger to life. It only requires the break in the plaintiff’s skin to prove wounding in cases.
Aggravated assault is the most serious crime after lifelong injuries, homicide, and death. The indictable simple assault charge Canada can offer the maximum penalty of 14 years in prison.
#5. Sexual Assault
When a person makes a sexual assault without the consent of the other person, it is a punishable offense. This hybrid offense can have the prosecution of around 18 months in prison. The indictment can also lead the accused to a huge penalty of 10 years in prison. The assault charges for a minor in Canada, in this case, can have a penalty of around 14 years in prison.
#6. Sexual Assault with a Weapon
The seriousness of the sexual assault increases with the involvement of a weapon to harm the other person. As per the name, the accused is charged guilty of using a harmful weapon to conduct the sexual assault without the consent of another person. Carrying, using, or threatening the other person with a harmful weapon also falls in the sexual assault category.
It will also be considered an offense to harm someone with a weapon with no intention of sexual assault. The person won’t be guilty of the sexual assault, but weapon assault is an offense and is liable for a range of penalties from five years imprisonment to life imprisonment. The same charges are also applicable if the accused is a minor below the age of 16.
#7. Aggravated Sexual Assault
Aggravated sexual assault happens when the sexual assault remains wounded, maimed, and disfigured. In case the defendant uses a prohibited weapon, it will be treated as the penalty for five years in the first offense.
After a second or subsequent offense, the maximum penalty can be up to life imprisonment. You should be well aware of aggravated assault as it can be a serious crime and offense. If the plaintiff is below the age of 16 years, the minimum penalty is five years or life imprisonment.
#8. Assaulting an Officer
Conducting assault or violence against a public servant or official is also a serious criminal code offense. It can be any of the three ways listed below –
– The first case of assault against an officer can be at the time of their duty. In such a case, the accused will be charged with the same charges as the simple assault offense. It will be considered an intentional assault against the public servant.
– The second case of assault against an officer can resist the lawful arrest of the accused or another person.
– The third case of assault against an office involves the lawful process, distress, and seizure of the goods. This kind of assault usually happens when the defendant assaults the officer involved in the process. Hire a lawyer to know how to beat an assault charge in Canada. It can be done to rescue anything acquired under the lawful process, seizure, and distress.
The case of assaulting an officer can be prosecuted as a summary of the conviction process. The penalty of such an offense can go to a huge capital fine or six-month prison. The maximum amount of penalty can go to five years in prison for an indictable offense.
Defense Strategies for Assault Charges In Ontario
There are various scenarios where two or more assaults are charged together. For instance, domestic assault charges in Canada can be combined with sexual assault or other offenses. Other than that, more assaults can be added as per the incidents like property destruction, or more. If you’re caught up in such a case, it is a must to find a solid defense for your case.
Regardless of the assault charges, professional criminal trial lawyers carefully take care of the crucial details and elements. The lawyers can help with the query – how to beat an assault charge in Canada? You should be looking for the best consultation and legal aid to achieve the best possible outcome.
Experienced trial lawyers get adept at strategic and defensive moves against assault cases. Effective defense initiatives can lead to acquittals, reduced charges, penalties, withdrawal, or dismissal. Here are some factors that play a crucial role in boosting defense strategies against assault charges in Canada.
Self-defense falls under Section 34 of the Criminal Code and comes under the provisions that save the person from getting guilty if the defense can show –
– The reasonable grounds to ensure that the force was being used against them.
– The grounds to prove that the threat or force was being made against them.
– The simple assault was committed to defending themselves or another person with the use of force.
– The act of self-defense was done in reasonable circumstances or in troubling situations.
#2. Raise a reasonable doubt
The strategy to raise a reasonable doubt turns out to be effective beyond the legal concept or matter. The types of assault prove to be highly crucial in establishing guilt in criminal cases. Experienced criminal lawyers can question the crown attorney to raise doubts about the evidence.
The conflicting testimony can prove reliable in raising enough doubts about the assault process and situations. A simple discrepancy might lead to an acquittal or raise doubt about the process. It also weakens the crown’s case to the maximum extent.
#3. Consent for using the force
Often the assault with the application of force is considered to be just a reaction to the action/fight. In this, both parties are involved in a fistfight. The lawyers can use the tactic to prove the concept of mitigating the accused culpability in the assault.
#4. Lack of intent in the case
A lack of intent defense strategy is useful in proving otherwise in the court. The assault with the application of force can be proven to be unintentional or because of the reflexive reaction to the stimuli. The accused can easily get relief from the court as common assault Canada wasn’t having the damage intent.
#5. Rights violations and additional mistakes
The criminal code of Canada holds high importance and prestige in assault cases. The legal aid with the suspect’s charter rights to ensure the fair and just application of the law. The judges can avoid the relevant evidence related to such violations and dismissal charges. The additional procedural mistakes from the police & prosecutors can lead the judges to avoid evidence from the case.
#6. Plea bargain for reduced charges
Plea bargain negotiations for reduced charges are helpful in the assault charge that has potential flaws and evidentiary in the case. This legal strategy against assault charges in Ontario is ideal when the defense doesn’t find a clear path and strategy for acquittal and dismissal of charges.
Turn to Reli On Us For Dealing With Assault Charges in Ontario
We are more than a decade legal firm to assist with the assault charges in Canada. Our team of criminal lawyers will go on the path to help in achieving the most favorable outcome possible. After taking the thousands of assault charges to the best defense, we are ready to take your case forward. Our stellar record of ensuring favorable outcomes for past clients speaks volumes about us.
Are you facing a complex or simple assault charge in Canada? Get quick assistance and legal aid from expert lawyers/professionals from Reli On Us. Reach out to us and get a free consultation for assault charges in Ontario.