Milton Assault Lawyer
Assault constitutes the non-consensual and intentional application of direct or indirect force on another person. Assault can also include an attempt, or threat, to intentionally apply direct or indirect force to another person. Assault can be referred to as ‘simple assault’ or ‘common assault’.
Types of Assault
There are various types of Assault charges defined in the Criminal Code of Canada. Each offence has different essential elements and vary in degree of punishment and severity.
- Assault (S. 265)
- Assault with a Weapon (S. 267)
- Aggravated Assault (S. 268)
- Assault Causing Bodily Harm (S. 267(b))
- Assaulting a Peace Officer (S. 270)
- Assaulting a Peace Officer with a Weapon or Causing Bodily Harm (S. 270.01)
- Sexual Assault (S. 271)
- Sexual Assault with a Weapon (S. 272)
The Criminal Code of Canada: Assault
- 265 sets out the definition of Assault and its aggravating features:
- 265 (1) “A person commits an assault when
- Without the consent of another person, he applies force intentionally to that other person, directly or indirectly
- 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 upon reasonable grounds that he has, present ability to effect his purpose; or
- While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.”
This definition of assault applies to all forms of assault:
(2)” …Including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.”
Frequently Asked Questions (FAQ’s)
What does ‘applies force’ mean? How much ‘force’ is required?
There need not be any significant amount of force exerted to constitute an Assault. Thus, ‘force’ could be minimal; for example, a touch, or a threat to apply non-consensual force is considered Assault. ‘Harm’ need not be caused to constitute Assault. There is, however, a range of harm from least serious to most serious that is an important consideration.
What is the Difference Between Assault, Assault with a Weapon, Assault Cause Bodily Harm and Aggravated Assault?
Each type of Assault has different essential elements that must be present to constitute the particular offence.
This type of Assault requires an intentional application of force either directly or indirectly to another person or a threat of harm by act or gesture.
Where the person carrying out an assault uses a weapon such as, a bat; knife; stick; firearm; or, uses an imitation weapon.
Assault Cause Bodily Harm
Where a person carrying out an assault causes bodily harm to another and the injury is not transient or trifling in nature, was reasonably foreseeable, and interferes with the comfort of the complainant.
Harm caused by an Aggravated Assault results in injury that is more than transient or trifling. Assault becomes an Aggravated Assault when an accused wounds, maims, disfigures or endangers the life of the complainant.
What is the Sentence for Assault?
An Assault charge carries with it significant consequences. Being found guilty of Assault could result in a criminal record, jail time, and could even have a collateral impact such as immigration consequences or a significant impact to one’s personal or professional life.
Assault is a hybrid office, 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 imprisonment of 2 years’ less 1-day or a $5,000 fine, or both. However, if the Crown Attorney proceeds by indictment, the maximum penalty is 5 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.
Why Should You Retain Passi & Patel?
If you, a friend or a loved one, is charged with Assault, it must be taken very seriously. At Passi & Patel, we understand the very significant consequences and long-term repercussions that may follow a conviction for Assault related offences. There are significant penalties one could face, including 2 years’ less 1-day imprisonment for a summary conviction or 5 years’ imprisonment for an indictable conviction.
Professional legal advice from criminal defence lawyers can make a significant difference in how a matter proceeds through the court. We, at Passi & Patel, have the experience and knowledge to provide effective and thorough representation for those charged with Assault and any related offences.
As experienced and skilled Milton criminal lawyers, we will take all the necessary steps to obtain the best possible result. Contact Passi & Patel Criminal Lawyers today to get the process started with a no-obligation consultation.