Strong Defence for Assault Charges

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Assault

Assault Charges in Canada

What You Need to Know

Assault charges are taken very seriously in Canada and can lead to significant legal consequences. If you or someone you know is facing an assault charge, it’s crucial to understand the legal landscape and seek the expertise of a skilled criminal defence lawyer like Ryan Patmore. This article provides detailed information about the different types of assault charges, potential penalties, and possible defences.

What Constitutes Assault in Canada?

Assault, as defined in Section 265 of the Criminal Code of Canada, involves the intentional application of force on another person without their consent. This can include direct or indirect force and even threats or gestures that cause someone to believe force will be applied. It's important to note that harm does not need to occur for an action to be considered assault—intent is key.

In some cases, simply accosting or impeding someone while openly carrying a weapon, even if it’s a replica, can also constitute assault.

Types of Assault Charges

  • 1. Common Assault:


    This is the most basic form of assault and involves minimal or no physical harm. For example, placing your hand on someone's shoulder without their consent could be considered a common assault. The maximum penalty for common assault is five years imprisonment.

  • 2. Assault with a Weapon:


    When force is applied using an object, such as a knife, stick, or even a dog ordered to attack, the charge becomes assault with a weapon. This type of assault can result in a maximum penalty of 10 years in prison if prosecuted by indictment.

  • 3. Assault Causing Bodily Harm:


    This charge arises when the assault results in an injury that is more than transient or trifling in nature, interfering with the victim's health or comfort. The maximum sentence for assault causing bodily harm is 10 years when proceeded by indictment.

  • 4. Aggravated Assault:


    Aggravated assault is the most severe form of assault and occurs when the attack wounds, maims, disfigures, or endangers the life of the victim. This charge can carry a sentence of up to 14 years in prison.

Assault Causing Bodily Harm

In Canada, Assault Causing Bodily Harm is a more serious form of assault. It occurs when an individual, during the commission of an assault, causes bodily harm to the complainant. "Bodily harm" refers to any injury that impacts a person's health or comfort and is more than minor or temporary. This can include bruises, cuts, scrapes, or broken bones.

This offence carries a penalty of up to 18 months in jail if the Crown proceeds by summary conviction, or up to 10 years in jail if prosecuted by indictment. Sentences for a domestic Assault Causing Bodily Harm can vary based on factors such as the severity of the physical and emotional harm to the complainant, the accused's prior criminal history, and the specific circumstances of the incident.

Aggravated Assault

Aggravated Assault is the most severe type of assault in Canada. It involves cases where the accused is alleged to have wounded, maimed, disfigured, or endangered the life of another person. This offence is classified as an indictable offence, and in domestic situations, it often leads to the harshest penalties, with sentences of up to 14 years in prison.

    1. Stabbing or Cutting: Using a knife or any sharp object to wound another person.

    2. Severe Beating: Repeatedly striking someone, causing serious injuries like broken bones, internal injuries, or significant disfigurement.

    3. Assault with a Firearm: Shooting or attempting to shoot someone, even if the shot does not result in death.

    4. Assault Leading to Permanent Disfigurement: Actions that result in permanent scars, burns, or the loss of a limb.

    5. Strangulation or Choking: Cutting off someone’s air supply to the point of endangering their life.

    6. Using Acid or Other Corrosive Substances: Intentionally throwing or applying corrosive substances to cause severe burns or disfigurement.

    7. Assault Leading to Loss of a Bodily Function: Injuring someone to the extent that they lose the ability to see, hear, walk, or perform other vital functions.

    8. Inflicting Life-Threatening Injuries: Causing injuries that put the victim’s life at risk, such as severe head trauma.

    9. Assault Involving Torture or Prolonged Violence: Engaging in acts of extreme violence or cruelty over a prolonged period.

    10. Causing Severe Psychological Harm: Although rare, actions that result in extreme psychological trauma alongside physical harm can also be considered Aggravated Assault.

    These examples emphasize the seriousness of Aggravated Assault charges, which involve significant harm or risk to the victim's life. text goes here

Potential Defences to Assault Charges

  • 1. Consent:

    If the accused can prove that the application of force was consensual, this can serve as a defence. This is particularly relevant in cases where both parties agreed to a fight, provided no significant bodily harm occurred.

  • 2. Self-Defence:

    The law allows individuals to use reasonable force to protect themselves, their family, or their property. Whether the force used was reasonable depends on the specific circumstances of each case. Self-defence can be a valid argument if you can show that you believed you were in danger and responded appropriately.

  • 3. Mistaken Belief in Consent:

    Even if actual consent didn’t exist, a defendant might argue that they honestly believed the other party had consented to the force applied. This can sometimes be a successful defence.

  • 4. Intoxication:

    While voluntary intoxication is not typically a defence to assault, if the accused was tricked or forced into consuming alcohol or drugs, this might provide a valid defence. Additionally, if the victim was intoxicated at the time, it could affect the credibility of their testimony.

Penalties for Assault

The penalties for assault vary depending on the severity of the charge and whether the Crown proceeds summarily or by indictment:

  • Common Assault: Up to 5 years imprisonment.

  • Assault with a Weapon/Assault Causing Bodily Harm: Up to 10 years imprisonment.

  • Aggravated Assault: Up to 14 years imprisonment.

In less severe cases, the court may impose alternative sentences such as probation or fines. However, even a conviction without jail time can have lasting impacts, such as a criminal record, travel restrictions, and challenges in securing employment.

Frequently Asked Questions

  • Yes, you can still be charged with assault even if you were acting in self-defence. However, self-defence can be a valid legal defence if you can demonstrate that your actions were reasonable and necessary to protect yourself from harm. The use of force must be proportionate to the threat faced.

  • If you are charged with assault, it is crucial to seek legal advice immediately. Avoid making statements to the police without legal representation, as anything you say can be used against you in court. A criminal defence lawyer can help you understand your rights, assess your case, and develop a strong defence strategy.

  • In Canada, once the police lay charges, the case is in the hands of the Crown prosecutor. The victim does not have the authority to drop the charges, although their wishes may be considered by the prosecutor when deciding how to proceed with the case.

  • The duration of an assault case can vary widely, depending on factors such as the complexity of the case, the court’s schedule, and whether the case goes to trial. It can take several months to over a year to reach a resolution.

  • If the alleged victim is reluctant to testify, the Crown may still proceed with the case, relying on other evidence such as witness statements, medical records, or police reports. In some cases, the court may issue a subpoena to compel the victim to testify.