According to Statistics Canada, there are almost 500 reported assaults per 100,000 people in Canada. Assault charges can come in many different forms. Assaults include an intentional act of violence toward another person without their consent. Just waving a fist may be an assault. Usually, the alleged assault includes actual physical contact, such as striking another individual.
What constitutes assaults?
As in all criminal matters, it is up to the prosecution to prove the elements of the offence beyond a reasonable doubt. If you face assault charges, an experienced criminal lawyer can help you.
Whether a domestic assault or a fight that shouldn’t have happened, Pollock & Company defends all cases of assault to help clients achieve the best outcome possible.
Types of Assaults
A simple assault is caused by the application of force from a person’s extremities, such as hands, legs, or feet. An assault with a weapon generally involves the application of force with an object such as a stick, bat, or knife.
The difference between assault, assault causing bodily harm, and aggravated assault is the harm suffered. An assault that causes any hurt or injury that interferes with a person’s health or comfort will meet the definition of bodily harm. In order for an assault to meet the definition of an aggravated assault, the injury must be much more severe. Any sort of injury that causes wounds, maims, disfigures, or endangers the life of another meets the definition of an aggravated assault.
Consequences of Assaults
The consequences of being found guilty of assault charges can range from probation to jail time. Usually, the greater the harm, the harsher the penalty. Alternatively, the court may impose a lesser sentence, such as probation with counselling or a fine without jail for lesser offences.
Every charge of assault is fact-specific. Consulting a criminal lawyer to assist you is vital in achieving the best outcome possible. Pollock & Company is available 24/7 at 204.997.3967 or contact us at 204.956.0450 for a consultation about your case.
Assault charges: Exploring Canadian Criminal Law Series
What defines an assault?
Under the Canadian Criminal Code, an assault is committed:
- When a person applies force intentionally to another person without their consent
- When a person threatens to apply force to another person by an act or gesture
- When a person assaults another person while openly carrying a real or fake weapon
There is a wide variety of assault charge types. The most common types of assault in Canada include:
Simple assault:
A basic charge can range from something as simple as a shove to something more serious, such as a bar brawl.
Assault causing bodily harm
In contrast to simple assault, this type of assault applies when physical violence was used and, as a result, someone got hurt.
Assault with a weapon
An assault with a weapon happens when someone carries, uses, or threatens to use one to cause bodily harm. An offence of assault can also occur when someone is threatening another person with a weapon. Force does not need to be applied
Aggravated assault
This type of assault involves severe, in most cases, life-altering injuries.
Sexual assault
Sexual assault is a serious offence that occurs when sexual contact is made with a person without their consent. Any unwanted touching, rape, sexual abuse, and groping are all forms of sexual assault.
How assault charges can change your life
An assault charge, even a simple one, is a serious concern. That is because it is considered a crime of violence. It can impact different aspects of your life and hamper your ability to reach your full potential. Here are some of the ways assault charges can negatively impact you:
- A charge on your criminal record can interfere with your ability to land a job. Potential employers have a right to investigate your criminal record and may not hire you.
- When it comes to child custody, a criminal charge can reduce your rights.
- A criminal record may even prevent you from renting a home. A landlord may refuse to rent to you if you have a record.
The legal team at Pollock & Company is dedicated to seeking the most favourable outcome for those involved in an assault case. Contact Pollock & Company office today for a free consultation or for emergency assistance; call us immediately at 204.997.3967.
