Assault with a weapons and assault causing bodily harm are defined under Sections 265 and 267 of the Criminal Code of Canada. An assault occurs when a person intentionally applies force or threatens to apply force against another person, either directly or indirectly, without their consents. Assault with a weapon or causing bodily harm takes assault one step further, and is where the person used a weapon or actually caused bodily harm against the victim
Assault with a Weapon and Assault Causing Bodily Harm
The Criminal Code of Canada’s Definition of Assault with a Weapon or Assault Causing Bodily Harm
Section 267 of the Criminal Code of Canada contains the definitions used to determine when a person accused of assault has committed the assault with a weapon or caused bodily harm, summarized as follows:
(1) Any person, who commits the offence of assault,
a.Threatens to use, carries, or uses an imitation weapon or weapon, or
b.Causes bodily harm to the victim (complainant)
Is guilty of an indictable criminal offence and liable to a maximum imprisonment period of ten years, or if the offence is punishable on summary conviction is liable to a maximum imprisonment period of eighteen months
What Constitutes a Weapon?
People often assume a weapon is limited to a gun, rifle, or knife. However, the law defines a weapon as any object that is the accused intends to use or uses to cause injury or death to another person or can use to intimidate or threaten another person. In addition, a person could be charged with assault with a weapon if they only threatened to use a weapon, yet did not have a weapon on their person at the time the threat was made.
What Constitutes Bodily Harm?
The bodily harm inflicted against the victim is defined as any injury that causes interferences with the comfort or health of the individual, and is deemed more than trifling or transient in nature. “Trifling or transient in nature” is regarded to be for a short period of time and an injury that is very minimal in nature. In cases where the bodily harm resulted in the maiming, wounding, disfiguring, or endangerment of the life of the victim, the accused is often charged with aggravated assault instead of assault causing bodily harm.
Why You Should Retain Passi & Patel for Assault with a Weapon and Assault Causing Bodily Harm Offences
At the criminal law firm, Passi & Patel, our Mississauga criminal lawyers understand the penalties for these types of assault offences are significant and will have a profound impact on a person’s life. The law regards both assault with a weapon and assault causing bodily harm as “hybrid” criminal assault offences.
Since these are considered “hybrid” offences, they carry with them more severe punishments, depending upon how the Crown decides to prosecute the case. As previously mentioned above, the maximum imprisonment period for a summary conviction is 18 months, while the maximum imprisonment period for an indicatable offence is 10 years. In addition, for summary convictions, the court reserves the right to impose a maximum fine of $5,000, regardless of whether they impose any jail time.
It is for these reasons, and others, why it is essential you retain the services of a Mississauga criminal law firm to represent your interests while defending your case, in order to obtain the best possible results. Not only are the consequences of being found guilty for committing either of these assaults is life changing, but the effects are long term and often negatively impact your future, career, and family.
If you, a loved one, or a friend has been charged with assault with a weapon or assault causing bodily harm, it is of the utmost importance you retain an experienced and skilled assault lawyer to represent your case. Contact Passi & Patel today by calling (647) 898-8018 for a free case evaluation consultation with one of our Mississauga criminal lawyers.
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