Criminal Law
Assault
Criminal Law
Assault
An assault case is a serious criminal charge that could put you in prison for a maximum sentence of 14 years. It is an offence that can result in a permanent criminal record upon conviction. And there will be repercussions of such a criminal record on your professional and personal life as well. If you are facing assault charges, you need to immediately consult a criminal defence lawyer to advise you on the legal options available.
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Assault and Related Crimes
- Assault
- Aggravated Assault
- Domestic Assault
- Drug Offenses
- Drug Trafficking
- Import/Export of Drugs
- Kidnapping and Forcible Confinement
- Possession of Drugs
- Spousal Assault
- Uttering Threats
Sexual Offenses
- Sexual Assault
- Soliciting
Theft and Property Crimes
Traffic and Driving Offenses
- BAC Over 80
- Dangerous Driving
- DUI/Impaired Driving
- Flight from a Peace Officer
- Motor Vehicle Theft
- Operation While Prohibited
- Refusal or Failure to Provide a Breath Sample
Young Offenders
What constitutes the offence of assault?
The offence of assault falls under the Criminal Code of Canada, where it is defined as any of the following acts.
- When a person intentionally applies force to another person without their consent.
- When a person threatens to apply force on another person
- When a person openly wears or carries a weapon, thus intimidating or impeding another person with the implied threat to apply force.
What are the different levels of assault under the Criminal Code of Canada?
Under the Criminal Code of Canada, the offence of assault is classified into different levels based on the nature of the assault, especially the element of violence involved.
- A simple assault (Level 1) falls under Section 265 of the Criminal Code and is defined as a minor infliction of force on another person without their consent, leading to minor or no injuries, or merely threatening to use violence against them. If convicted, the maximum prison sentence is 5 years.
- An assault with a weapon or resulting in bodily harm (Level 2) falls under Section 267 of the Criminal Code and is defined as an assault conducted using or while carrying a weapon or merely threatening to use the weapon against someone. If the assault injured the person, the injury must not be life-threatening but result in cuts, bruises, or fractures. If convicted, the maximum prison sentence is 10 years.
- Aggravated assault (Level 3) falls under Section 268 of the Criminal Code and deals with severe, permanent, and disfiguring injuries or life-threatening injuries. If convicted, the maximum prison sentence is 14 years.
There is no minimum mandatory sentence for assault mentioned in the Criminal Code. However, both assault and assault causing bodily harm are hybrid offences, allowing the Crown to decide on either the summary conviction or the indictable offence option depending on the aggravating circumstances of the case. An aggravated assault charge is automatically treated as an indictable offence. This means that the Crown will be seeking a jail sentence for the accused upon conviction.
How will the Crown prove the assault charges in court?
In an assault case, the Crown must prove the following elements of assault in court.
- There is proof to show that the accused used force against the victim.
- There was no consent from the victim for being subjected to such use of force.
- The accused used force intentionally in order to cause harm to the victim.
Here, the second point is relevant when an injury happens during a sporting event, such as boxing, where the victim’s consent to the assault is implied. The third point is relevant in cases where the accused was forced to act in self-defence or in defence of someone else.
How can our criminal defence lawyer help you in your case?
Depending on the level of the assault charges and other aggravating factors, the accused might be looking at a maximum prison sentence of 14 years upon conviction. This is why it is crucial to get an experienced criminal defence lawyer fighting in your corner from day one. Your lawyer will look at the following aspects of your case.
Charter rights violations:
An experienced lawyer will scrutinize the procedures followed by the law enforcement in your arrest, search of your premises, and the seizure of any items or documents as part of the investigation, looking for any Charter rights violations. If there are any violations, your lawyer will request the court to declare such evidence collected to be inadmissible.
Negotiations with the Crown:
If the accused is a first-time offender or if the evidence against the accused is weak, it might be possible for their lawyer to negotiate with the Crown to get the charges reduced or even dropped.
Legal representation:
If and when the case finally reaches the court, your lawyer will present your version of the events, cross-examine the witnesses, challenge the evidence from the Crown, and fight to get the most favourable outcome for you.
We can Help
If you are dealing with assault or any other serious criminal offences, do not hesitate to reach out to our criminal defence lawyers immediately for legal support and assistance. At Nanda and Associate Lawyers, our criminal defence team has a strong record spanning more than two decades in successfully helping our clients fight the criminal charges levelled against them. Connect with our civil defence lawyers today!
Frequently Asked Questions
Can I drop assault charges in Canada?
Under Canadian law, the Crown will bring criminal charges, such as assault, against the accused. Even if the victim stops cooperating with the process, the Crown is under no obligation to consider the victim’s decision in this matter. In fact, the main duty of the Crown is to ensure the safety and security of the public. If the accused has indeed committed a violent act, the Crown must pursue the matter to its end in the interest of the public’s safety. However, without the victim’s cooperation, the Crown might find it difficult to prove the charges against the accused.
Can I leave Canada when facing an assault charge?
This will depend on the particular circumstances of your case, your bail conditions, and the entry requirements of the destination country. For example, some countries restrict entry to individuals who are facing criminal charges, such as assault. And obviously, if the bail conditions of your case prevent you from leaving the country, then you are well-advised to comply with them. If you have any doubts regarding the conditions mentioned in your release order, consult with your criminal defence lawyer for clarification.
What is the minimum legal penalty for assault in Canada?
As such, there is no mandatory minimum sentence for assault under the Criminal Code of Canada. In an assault or an assault causing bodily harm, it is left to the Crown to decide whether to seek the summary conviction route or the indictable offence option in pursuing the charges against the accused based on the aggravating factors of the case. However, an aggravated assault is an indictable offence, leading to a prison sentence upon conviction.
What is a Level 1 assault?
A Level 1 assault is an act of simple assault falling under Section 265 of the Criminal Code of Canada. It is defined as a minor infliction of force on another person without their consent, leading to minor or no injuries, or merely threatening to use violence against them. If indicted, the maximum prison sentence for a Level 1 assault is 5 years.
Is self-defence a valid legal defence in an assault case?
Yes, under Canadian law, the use of proportional force in self-defence is permitted. The defendant’s lawyer must establish the threat faced by the accused, either to themselves, their property, or others, and that the use of force was reasonable, necessary, and proportionate.
What are the different levels of assault charges in Canada?
The different levels of assault charges mentioned in the Criminal Code of Canada are as follows:
- A simple assault (Level 1) falls under Section 265 of the Criminal Code and is defined as a minor infliction of force on another person without his consent, leading to minor or no injuries, or merely threatening to use violence against someone. The maximum prison sentence is 5 years.
- An assault with a weapon or resulting in bodily harm (Level 2) falls under Section 267 of the Criminal Code and is defined as an assault conducted using or while carrying a weapon or merely threatening to use the weapon against someone. If the assault injured the person, the injury must not be life-threatening but result in cuts, bruises, or fractures. The maximum prison sentence is 10 years.
- Aggravated assault (Level 3) falls under Section 268 of the Criminal Code and deals with severe, permanent, and disfiguring injuries or life-threatening injuries. The maximum prison sentence is 14 years.
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