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Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
Being charged with any criminal offence is frightening for most people, especially if it is a serious crime such as aggravated assault. The possibility of facing the full wrath of the law for violent crimes can be daunting, but it does not always have to be the case.
Canadian criminal law is clear about the actions that constitute assault, and with the right lawyer by your side fighting for you, you can improve your chances of a favourable outcome in your case.
Under Section 265 of Canada’s Criminal Code, assault is defined as the deliberate application of force against someone, either directly or indirectly, without their consent.
It is important to note that the definition of assault also includes the intention to cause immediate bodily harm, whether or not the actual act is committed. Many people do not realize this until they are faced with charges.
The following are the different types of assault:
This is one of the most common assault charges in Canada and can range from something as simple as laying hands on someone to a more serious attack, such as during a physical brawl.
A simple assault can be classified as assault with a deadly weapon under the following conditions:
A dangerous weapon, in this case, can be almost anything that can be used to cause physical injury to another person. This type of assault usually results in a mandatory weapons prohibition order being issued against the person convicted.
This type of assault, unlike simple assault, applies in cases where injuries can be proven to have occurred as a result of physical force being applied. Although the Criminal Code of Canada does not define “bodily harm,” it includes any hurt or injury to a person that interferes with their health and comfort and is more than merely transient or trifling in nature. In this case, bodily harm can range from simple scratches or bruises to injuries as serious as broken bones.
The severity of aggravated assault charges warrants that it be classified as a separate category of assault because it involves a physical attack that causes severe and often permanent injuries, as determined by a doctor or another qualified professional.
A person commits aggravated assault when they wound, maim, disfigure, or endanger the life of another individual.
Sexual assault in Canada is criminalized under Section 271 of the Criminal Code. The offence is defined as an assault committed in circumstances of a sexual nature, violating the sexual integrity of the victim.
There are various sexual assault offences, including sexual interference, sexual assault causing bodily harm, sexual exploitation, and other classifications of sexual offences. The specific charge depends on the circumstances surrounding the offence. Factors such as the ages of the complainant and the accused, as well as the authority the accused has over the complainant, help determine the type of sexual assault allegations.
If a victim of sexual assault is wounded, disfigured, maimed, or placed in a life-threatening situation during the attack, the assault can be deemed aggravated sexual assault.
Criminal charges can be brought against a person who commits any form of assault, including causing serious bodily harm, to a police officer or peace officer performing their duties. This is charged as a separate offence from other types of assault.
Aggravated assault is a straight indictable offence that carries a maximum penalty of 14 years. Certain extenuating circumstances determine the severity of the penalties, such as:
Kahlon Law has handled numerous aggravated assault cases like yours, and the firm is ready to help if you are charged with an indictable offence. Your freedom is at stake, and you need a lawyer who understands the seriousness of your situation.
Severe penalties can be imposed if you are convicted of such a serious offence. If you find yourself in a situation where you are or might be arrested, call Kahlon Law at (844) 978-8444, and rest assured that a licensed professional will be looking out for your freedom and well-being.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.
