Brampton Assault Laywer — Aggravated Assault

Aggravated Assault is one of the most serious forms of Assault which involves significant injury. Aggravated Assault is outlined under section 268 of the Canadian Criminal Code.

Criminal Code of Canada – Definition of Aggravated Assault

Section 268 of Criminal Code of Canada, defines Assault as:

  • Every one commits an Aggravated Assault who wounds, maims, disfigures or endangers the life of the complainant.
  • Every one who commits an Aggravated Assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years

Aggravated Assault is a very serious offence, but it can be dealt with under the same principles that apply to normal Assault. For example, self-defence can be a valid defence to a charge of Aggravated Assault; everybody is entitled to use reasonable force to defend themselves. What constitutes reasonable force will depend on the facts of each case, including a person’s characteristics. For example, in R. v. Martin, [2020] O.J. No. 3460, a woman was found not guilty of Aggravated Assault after she stabbed her boyfriend who had sexually Assaulted her; the stabbing was considered reasonable, partly because she was a vulnerable, smaller woman who had suffered domestic violence in the past from the same person.

Why you should hire Passi & Patel – Criminal Lawyers

If convicted of Aggravated Assault, you could be face up to 14 years in jail. The length and severity of the punishment will depend on the extent and nature of the injury inflicted. The more severe the injury, the harsher the sentence. Other factors that will influence the length of the sentence include how the Aggravated Assault happened. For example, if the Assault was provoked, this may be considered a mitigating factor, whereas elements such as bullying may be an aggravating factor. In R. v. Theriault, [2020] O.J. No. 4797, the use of a metal pipe as a weapon to repeatedly strike the complainant was considered to be an aggravating factor. The intent behind the Aggravated Assault is also be a factor for the sentencing judge to consider. In R. v. Mohammed, [2020] O.J. No. 5970, the fact that the accused committed the Aggravated Assault during a loss of judgement due to the theft of his dog was considered to be a mitigating factor.

If charged with Aggravated Assault, consult a lawyer immediately. At Passi & Patel – Criminal Lawyers, our lawyers are experienced and knowledgeable in ensuring that you are provided with the best possible defence to an Aggravated Assault charge. We understand that each client and case is unique and require different approaches. We will make sure any Aggravated Assault charge is dealt with in a way that works best for you. If you are charged with Aggravated Assault, call us now for a consultation at (905) 459-0004.

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