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COMMON TYPES OF CHARGES
Payam Javadi –
An experienced professional dealing with Summary Assault cases
How to beat an assault charge in Canada?
How to beat an assault charge in Canada
The police can charge a suspect with more than one assault charge, such as a combination of domestic violence, assault, and sexual assault. A case is defined as an assault involving a weapon and assault. Someone who attacks a policeman is a peace officer, and the Crown does not take people who attack policemen lightly, but a guilty verdict can in some cases result in harsher punishments than simple bodily harm.
Charges of assault can also be combined with other offence committed during the incident, such as the destruction of property, and/or forcible confinement. A conditional or unconditional discharge, probation, or peace bond is also possible if the allegation of assault does not apply.
How to beat an assault charge in Canada: For simple assault, the maximum penalty is six months in prison, $5,000 fine, a summary sentence or under an indictable offence five years in jail if the prosecutor files charges. If you are charged with assault causing bodily harm, or aggravated assault contact Relionus Legal Services PC for your legal needs.
Assaults can escalate when multiple charges are brought, resulting in longer imprisonment terms if the assault is a repeat of the offense. In significant cases of bodily harm, prosecutors can seek harsher sentences for grievous bodily harm and negligent homicide or attempted murder, which can result in harsher sentences, harsher jail terms, and a probation order.
If a crime you are convicted of which you face imprisonment for causing bodily harm is committed, the accused has a greater chance of receiving a prison sentence. The longer the sentence, the more likely there is to be substantial physical harm.
Different Kinds of Assault
They are different kinds of assault Depend on the weapon used (be it sexual assault), or assault caused, and the severity of the injuries. If a person is injured in an attack and a weapon is used (such as a knife or object), the charge relates to an assault with a weapon.
The different offences fall into two categories:
summary offences and indictable offences punishable according to the severity of injuries and other factors in the case.
If you are charged in the US Supreme Court with assault, you face a jury trial and a possible prison term of up to five years.
The Canadian Criminal Code treats assault causing bodily harm as a criminal offence. It is an offence punishable by up to two to five years in prison under section 266 of the criminal code. There are a number of charges relating to the most serious offences, such as assault with a deadly weapon or uttering death threats.
If you are charged with assault, you should contact us today. We have successfully defended serious assault charges and other forms of violence in court and has obtained acquittals for our clients in cases where they have been charged with assault in Ontario, whether the assault resulted in injury, assault with a weapon, assault causing bodily harm, and a variety of other charges. You can ask any our Criminal Defence team for more information.
In short, bodily harm is the unlawful touching of another person with the intention of using force. Illegal touching must take place without the lawful consent.
There are certain circumstances in which consent to an attack is given and which are not recognized as a valid defence by the court. In these cases, consent given without consent will not be recognized by a court as valid consent. An attack that causes bodily harm, even if the damage is not permitted by law.
The basic definition of assault in Canada is the intent to use force without consent. If you are involved in a fight or a brawl and your opponent hurt you and the court concludes that you did not consent to the injury, your opponent may be charged with assault of grievous bodily harm. Another important point is that the threat of assault is necessary to bring a charge of assault.
An attack is considered aggravated if it results in the victim being injured, mutilated or disfigured in a way that endangers others. An assault with a weapon that causes injury means the threat to use or carry a weapon or imitation a weapon that causes injury, affects their life or comfort. If someone chokes, strangles, or beats a person this would constitute as assault causing bodily harm.
Anyone who injures, mutilates, disfigures or endangers the life of another person may be charged with assault causing bodily harm, punishable to jail time in prison. Marital or domestic violence is a rarer charge, but that does not mean it is not serious enough to get settled on a criminal record. Charges of assault with weapon or assault can carry a sentence up to ten years in prison, which is a heavy sentence.
Like many charges in the Criminal Code of Canada, assault covers a wide range of activities. An attack on a person in Canada can be anything from a fistfight, push, or personal injury caused by a person.
If you have been charged with assault in Canada, the first thing you should do is ask yourself how you can beat the charge. People charged with assault are often confused about the legal criminal charges they face in Canada.
Being charged with assault in Canada can be a difficult and confusing situation. It can affect your employment and/or your ability to work. The charges are made by the police, not the accused victim, and there are many levels of what an allegation of assault means.
Section 265(1) of the Criminal Code for assault
Assault is the intentional application of force, no matter how slight, on an individual without his or her consent. An assault can also include words, acts or deeds that are not an application of force but might reasonably lead someone to fear that a use of force is coming.
Victims of Assault
Assault can range from mere touching to violent punching. Assault may consist of punching, kicking, pushing someone out of your way, spitting at someone and many other examples. Assault can be committed by an indirect force, threatening or attempting to use force. It is important to identify available defenses to assault charges and protect your rights and freedom.
Many assault charges result from the bar fights and acting while under influence of alcohol and/or drugs. If an assault does not involve serious injuries or use of a weapon, the crown will usually treat it as a summary offence. Otherwise, it may be treated as a more serious crime that normally involves a stricter sentence. Do not wait. Let professionals defend your assault charges, protect your freedom, and your record.
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Marginal note: Application
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Marginal note: Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(d) the exercise of authority.
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Ministry of the Attorney General 1-800-518-7901
Back on Track Remedial Program 1-888-814-5831
Criminal Code of Canada Website Link
Department of Justice Canada 1-613-957-4222
Ignition Interlock 1-866-658-6374
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