Whether intentional or provoked, assault is illegal and can have dangerous consequences for both assailiant and complainant. Even if you are tempted to step in to stop an assault, this could be risky for you as well. Not only can it cause physical and emotional injuries, but also can lead to criminal charges in Canada. If convicted, severe penalties and a criminal record can ensue. However, the severity of the punishment depends on the degree and type of assault.
If you have been involved in an assault, be ready for the consequences. But first it is important to understand the different types of assault in Canada and how the penalties differ in each case. A Brampton criminal defence lawyer explains it for you so you can plan your defence accordingly.
Different Types of Assault Charges in Canada
- Meaning of Assault
Under Section 265 of the Criminal Code of Canada, assault is defined as the use of force, either directly or indirectly, against another without their consent.
A threat or attempt to physically strike a person, irrespective of contact made, is considered a criminal assault. It can happen in all kinds of situations, from a malicious incident during a football game to a drunken bar fight. Additionally, the complainant does not have to be aware of the danger for it to be an assault.
- Different Types of Assault
Criminal assault is divided into various categories under the Criminal Code of Canada. They are:
- Simple Assault
Simple assault is the most basic form of criminal assault charge in Canada. It occurs when no weapon is used and injuries sustained by the complainant are minor in nature. It can be prosecuted in two ways; a summary conviction or an indictable offence. If it is considered a summary conviction, the charges will be less severe and can be processed directly by the judge without requiring a jury or jail sentence. However, if it is treated as an indictable offence, court proceedings will be more formal. Consult a criminal defence lawyer to understand the circumstances that can change a summary conviction into an indictable offence.
- Assault with a Weapon
As the name suggests, assault with a weapon refers to an assault when someone carries, uses, or threatens to use a weapon (either imitation or real) and causes bodily harm to someone. This is a serious criminal offence under section 267(a) of the Criminal Code of Canada and can lead to major injuries, even death. It is a hybrid offence and can be prosecuted as either a summary conviction or an indictable offence. Upon conviction, the maximum penalty is 18 months imprisonment if the case proceeds summarily, whereas the maximum penalty upon conviction when the case proceeds to indictment is 10 years. If the convict used a prohibited weapon for committing assault, he/she will also be charged with a weapons offence.
- Assault Causing Bodily Harm
When notable injuries occur because of an assault, the offender will be charged with an assault causing bodily harm. Similar to assault with a weapon, it is a hybrid offence and has the same penalty of a maximum 18 months for a summary conviction and 10 years and an indictable offence.
- Aggravated Assault
If a person wounds, maims, disfigures, or endangers the life of the complainant, it is considered as an aggravated assault. This is the most serious of violent crimes short of homicide and results in potentially life-long crippling injuries or death of the complainant. This type of assault is treated as an indictable offence and the maximum sentence is 14 years in prison.
- Sexual Assault
An assault that involves threatening or use of force against the complainant, resulting in non-consensual sex, rape, molestation, sodomy or a similar sexual offence is a sexual assault. Similar to other assault charges, it can also be treated as either an indictable offence or summary conviction, depending on the severity of the offence. Both cases are explained below.
- A person committing a sexual assault is guilty of an indictable offence and is liable to imprisonment of not more than 10 years. However, if the accused is less than 16 years of age, the minimum punishment is one year in jail, whereas maximum punishment is 14 years in jail.
Or,
- A person who commits a sexual offence is guilty of an offence punishable on summary conviction and is liable to imprisonment of not more than 18 months. However, if the accused is less than 16 years of age, the minimum punishment is six months whereas maximum punishment is two years less a day.
If you want to know more about sexual assault charges, click this link to read our post which answers some common questions asked about sexual assault.
- Aggravated Sexual Assault
An individual is charged with an aggravated sexual assault if he/she wounds, maims, disfigures or endangers the life of the complainant in committing a sexual assault. It is always tried as an indictable offence. The penalties for this type of offence are:
1. If the offender used a restricted, prohibited or any firearm for committing the offence or the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, the minimum penalty is five years for the first offence and seven years for a second or subsequent offence. The maximum punishment is life imprisonment.
2. If the complainant is under the age of 16 years, the minimum punishment is five years and the maximum punishment is life imprisonment.
- Assaulting a Peace Officer
Violence against a public official or a public servant is a particularly serious criminal offence. There are three ways in which assaulting a peace officer is committed:
1. The first is similar to a simple assault involving the intentional application of force. The only difference is the target of assault is a peace officer. It generally occurs when the peace officer is engaged in the execution of his/her duty.
2. The second is resisting arrest where one person assaults another to prevent or resist the lawful arrest of himself or another person.
3. The third is when one person assaults another person who is involved in a lawful process, seizure, or distress against lands or goods. An assault can also occur when one person assaults another with the intention to rescue anything taken under lawful process, seizure or distress.
Acts of violence against a peace officer are prosecuted in a similar manner to other assault charges. It can be a summary conviction or an indictable offence, depending on circumstances and the act. The charges can have varying levels of severity, from simple to aggravated. If convicted, the punishment for a summary conviction is a maximum $5,000 fine and/or six months in jail; for an indictable offence, the convict is liable to imprisonment for five years.
Assault charges should not be taken lightly. Lack of proper defence can convert simple assault charges into an aggravated assault and lead to dangerous consequences. Hopefully, this blog post will help you understand the severity of each type of assault charge so that you be prepared to present your case. It is advisable to hire a qualified criminal defence lawyer for successful representation in court and getting the optimum result for your case.