Assault with a Weapon & Assault Causing Bodily Harm
According to Section 266 of the Criminal Code of Canada, an assault has taken place when a person applies intentional force on another person, indirectly or directly. Assault causing bodily harm requires one further step.
Section 267 of the Criminal Code of Canada indicates that for an assault to rise to the level of bodily harm, the person committing the assault actually did cause bodily harm.
Criminal Code of Canada – Definition of Assault with a Weapon or Assault Causing Bodily Harm
Section 267 of the Criminal Code of Canada Defines Assault with a Weapon or Causing Bodily Harm as:
Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
A weapon can be anything that is designed to be used or intended to be used to cause death or injury to a person or to threaten or intimidate a person. A person can be charged with assault with a weapon, if they threatened to use a weapon and did not have one at the time.
Bodily harm is defined as any injury that interferes with the health or comfort of a person and is more than transient or trifling in nature. ‘Transient or trifling in nature’ is taken to be a short amount of time and very minimal injury.
Why should you hire Passi & Patel for assault related charges?
At Passi & Patel, our Brampton criminal lawyers recognize that the penalties for such offences are substantial and can have a profound impact on one’s life. Assault with a Weapon or Assault Causing Bodily Harm are both ‘hybrid offences’. The maximum penalty can differ depending on how the Crown choses to proceed. If the Crown proceeds by summary conviction the maximum penalty is 18 months imprisonment or a maximum fine of $5000 or both. If the Crown proceeds by indictment the maximum term of imprisonment is 10 years.
It is of utmost importance that you hire a Brampton criminal law firm that will go above and beyond to defend your case. Not only are the repercussions life changing and long term, but if you are found guilty of committing this type of assault, the effects can negatively impact your family, career, and future. If you, a friend or a loved one are currently facing charges for assault with a weapon or assault causing bodily harm, it is essential that you hire a top assault lawyer to represent you. Call our office today at 905-459-0004 for a free consultation with one of our Brampton criminal lawyers.