Aggravated Assault Lawyer in Milton

Bodily Harm is defined in S. 2 of the Criminal Code of Canada as:

“any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”

‘Transient’ and ‘trifling’ are interpreted by the courts to mean an injury that would cause a minor degree of distress and interfere with the comfort of a complainant.

Examples of Bodily Harm include minor injuries, scrapes, lacerations, superficial injuries that cause significant bruising or abrasions. Bodily Harm includes both physical injuries and physiological harm. Generally, the court will look to the overall effect of a complainant’s injuries to determine if the harm constitutes bodily harm or is life-threating, thus elevating the charge to Aggravated Assault.

An Assault Cause Bodily Harm charge carries with it significant consequences. Being found guilty of Assault Cause Bodily Harm, could result in a criminal record, jail time, and could potentially have a collateral impact such as immigration consequences or a significant impact to one’s personal or professional life.

Assault Cause Bodily Harm is a hybrid offence, meaning that the Crown Attorney can elect whether to try the accused summarily or by indictment. If the Crown Attorney proceeds by summary conviction, the maximum penalty is 18 months’ imprisonment or a $5,000 fine or both. However, if the prosecutor proceeds by indictment, the maximum penalty is 10 years’ imprisonment. In addition to imprisonment, there are a number of Ancillary Orders that could also be imposed on the accused upon a finding of guilt, namely; DNA Orders, and Weapon Prohibition Orders.