What To Do When Charged With Aggravated Assault
Being charged with any criminal offence is frightening for most of us, 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 a daunting one, but that does not always have to be the case.
The Canadian criminal law is apparent on the actions that constitute assault, and with the right lawyer by your side, fighting for you, you can better your chances of a favourable outcome for your case.
What Is Assault?
Under section 265 of Canada’s Criminal Code, assault is defined as the deliberate application of force against someone, either directly or indirectly, against their will.
It is essential to note that the definition of assault also covers the intention to cause immediate bodily harm, with or without the actual act being committed. Many people do not realize this until they find themselves with charges being brought against them.
The following are the different types of assault:
This is one of the most common assault charges in Canada, and it can be something as simple as laying hands on someone to a more serious attack, such as during a physical brawl.
Assault With a Deadly Weapon
A simple assault can be classified as assault with a deadly weapon under the following conditions:
- a person carries, uses, or threatens to use a weapon
- causes actual bodily harm
A dangerous weapon, in this case, can be almost anything that can be used to cause some kind of physical injury to another person. This type of assault usually results in a mandatory weapons prohibition order being issued against the person convicted.
Assault Causing Bodily Harm
This type of assault, unlike simple assault, applies in cases where injuries can be proven to have occurred as s result of physical force being applied. Although the Criminal Code of Canada does not define “bodily harm,” it will include any hurt or injury to a person that interferes with the health and comfort of the person 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 branch of assault because it involves a physical attack that causes severe and often permanent, injuries as determined by a doctor or another person duly qualified.
A person commits an Aggravated Assault who wounds, maims, disfigures or endangers the life of another individual.
Sexual assault in Canada is criminalized by 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 a variety of sexual assault offences, including sexual interference, sexual assault causing bodily harm, sexual exploitation, and other classifications of sexual offences. The type of sexual assault one is charged with depends on the circumstances surrounding the offence. Factors including the age of the complainant and the accused, along with the authority of the accused over the complainant, are some of the factors that will determine the type of sexual assault allegations.
Aggravated Sexual Assault
If a victim of sexual assault is wounded, suffers disfigurement or maiming, or is put in a life-threatening situation during the attack. In that case, this form of assault can be deemed to be aggravated sexual assault.
Assaulting Police Officers
Criminal charges can be brought against a person who commits any form of assault including serious bodily harm to a police officer, or peace officer, undertaking their duties. This is charged as a separate offence from other types of assault.
Punishment for an Aggravated Assault Conviction
Aggravated assault is a straight indictable offence which carries a maximum penalty of a 14-year. Certain extenuating circumstances determine the severity of the penalties, such as:
- the severity of the injury
- whether a serious bodily injury occurred
- whether there are any previous conviction of an assault or a criminal record
- Whether the assailant is a known member of a criminal organization
Contact Us Today
Kahlon Law has dealt with a number of aggravated assault cases such as yours, and the firm is ready to help you when you find yourself being charged with an indictable offence. Your freedom is at stake, and you need a lawyer who understands the seriousness of the situation you find yourself in.
Severe penalties can be meted out against you if convicted of such a serious offence. If you ever find yourself in a situation where you are or might be arrested, give Kahlon law a call at (844) 978-8444, and rest assured that there will be a licensed professional looking out for your freedom and well-being.