In Canada, a crime that is defined as assault usually involves physical violence, but it doesn’t have to. Under the Criminal Code of Canada, a person commits assault when they:
A. Without consent, applies force intentionally to another person, directly or indirectly
B. They attempt or threaten, by an act or gesture, to apply force to another person, if they have, or cause that other person to believe on reasonable grounds that they have, present ability to affect their purpose
C. While openly wearing or carrying a weapon or imitation thereof
Assault is a serious charge and may be treated as a summary or an indictable offence. This can alter how your case plays out and the penalties you receive.
Below, we’ve summarized some common forms of criminal assault charges in Canada.
Simple Assault
Simple assault is Canada's most basic form of criminal assault and can be prosecuted as either a summary or an indictable offence. It is usually tried without a jury if treated as a summary offence.
Simple assault treated as an indictable offence is more severe and usually requires a full trial with a jury.
Assault With A Weapon
Assault with a weapon is an act or threat of violence in which a weapon is used. Depending upon the circumstances, it can be treated as both a summary and indictable offence.
Aggravated Assault
Aggravated assault is a much more severe form of assault. It usually results in life-changing injuries or real danger of death for the victim. It is always treated as an indictable offence, and a person can receive a jail sentence of up to 14 years if found guilty.
Assault Causing Bodily Harm
If an assault results in notable injuries to the victim, the charge is usually increased to assault causing bodily harm. This charge can still be prosecuted as both summary and indictable offences.
Sexual Assault
When non-consensual sex occurs alongside a threat or an act of violence, it is considered sexual assault. It can be treated as both a summary and an indictable offence. You could receive 18 months or ten years in prison, respectively, if you are found guilty.
Sexual Assault With A Weapon
Sexual assault with a weapon is a more severe form of sexual assault as it involves a weapon. Like sexual assault, it may be treated as a summary or an indictable offence.
Aggravated Sexual Assault
Aggravated sexual assault usually results in injury to the victim and is always an indictable offence. When it involves a weapon, it carries a minimum prison sentence of 4 years.
Assault Of A Police Officer
The assault of a police officer (and transit or peace officer) is treated the same way as other assault charges but is classed as a different offence. Depending on the kind of assault, it may be treated as a summary or an indictable offence.
Have You Been Charged With Assault?
If you have been charged with any of the criminal assault charges listed above, you should contact an assault lawyer. They will be able to present the options for your case and get the best possible outcome.
An assault charge can come with serious consequences, and assault lawyers work to represent you and ensure that the penalties you receive are kept to a minimum. They will also help you understand the case and make it as stress-free as possible.
Looking For A Criminal Lawyer In Newmarket? Call Baker Doodnauth.
At Baker Doodnauth, we have a team of assault lawyers on hand ready to represent you no matter what the charges brought against you are. We’re dedicated to getting you the best results and will help make the entire process as straightforward as possible.
If you’re looking for assault lawyers in the Newmarket area, look no further than Baker Doodnauth. Contact us today to find out more about how we can help you.