Assault, assault causing bodily harm, and aggravated assault are all criminal offences under Canadian law. However, they vary in terms of the severity of the crime and the potential penalties. The lawyers at AGP LLP, located in Ottawa have a proven track record of successfully defending our clients with assault charges.
Types of Assault Charges
Assault is defined as the intentional application of force to another person without their consent. This can include actions such as pushing, hitting, or threatening to use force. Assault is a hybrid offence, meaning it can proceed summarily with a which means that it carries a maximum penalty of two years less a day in jail or by indictment, with a maximum punishing of five years in jail.
Assault causing bodily harm is a more serious crime than simple assault. It involves the intentional application of force that causes bodily harm to another person. This can include injuries such as broken bones, bruises, or cuts. Assault causing bodily harm is also a hybrid offence, but when there is an indictable election, it carries a maximum penalty of ten years in jail.
Aggravated assault is the most serious of the three crimes. It involves the intentional application of force that causes serious bodily harm to another person. This can include injuries such as disfigurement, loss of consciousness, or the risk of permanent disability. Aggravated assault is also considered an indictable offence, and it carries a maximum penalty of life in prison.
Defences to Assault Charges
There are several legal defences that an individual charged with assault may use in court. Some of the most common defences include self-defence, defence of others, and consent. Self-defence claims that the accused used force only as a necessary means of protecting themselves or another person from harm. Defence of others claims that the accused used force to protect someone else. Consent defence claims that the alleged victim consented to the use of force.
Additionally, an accused person may argue that the prosecution has not met the burden of proof, or that the evidence was obtained illegally. An accused person may also argue that they lacked the intent to commit the crime or that they were under duress or duress. It’s important to consult with a criminal defence lawyer who will be able to review the specific circumstances of the case and provide guidance on the best defence strategy to use.
Find a Lawyer
The lawyers at AGP have a proven track record of successfully defending our clients in court and have the skills and resources necessary to build a strong defence. We prided ourselves on providing personalized and attentive service to each client,