Defendants don’t always grasp the seriousness of the assault charges they are facing. They may contact their criminal defence lawyer only after being accused of assault and ask how bad it is. This happens because they don’t know that there are different types of assault charges – and that each charge carries a different sentence. To that end let’s look the classifications of assault under Canadian law.
What Is an Assault According to Canada’s Criminal Code?
Under Canada’s criminal code, assault ranges from simple threats to actual harm that leads to a person being hospitalized. They are categorized based on the type of assault, like aggravated, verbal, and sexual. Physical injury isn’t necessary; intent is enough for someone to be charged with assault.
Types of Assault Charges You May Face
There are many types of assault charges under Canadian law, which is why having an assault lawyer in Brampton is necessary if you are charged. Let’s look at the main types.
1. Simple Assault
This is the most common assault charge and can range from a simple shove to a severe brawl. It is usually prosecuted as a summary offence. However, if the assault is serious, it can be tried as an indictable offence and carry a sentence of up to five years in prison.
2. Weapons Assault
Assault with a weapon is when a person uses, threatens to use, or carries a weapon to intimidate someone. A weapon could be a bottle, a pen, a knife, a gun, or a utensil; anything that can cause bodily harm. You can be charged even when the weapon is fake. This kind of charge can be prosecuted either as a summary offence with a maximum of 18 months in prison or an indictable offence with a maximum of 10 years of imprisonment.
3. Assault Causing Bodily Harm
If you have used physical force and someone is harmed, you will be prosecuted under this charge. It can be anything from a scratch to broken bones. If this assault charge is prosecuted as a summary offence, you can receive up to 18 months and up to 10 years if prosecuted as an indictable offence.
4. Aggravated Assault
Aggravated assault is one of the most important assault charges and often involves serious, often permanent, injuries. This type of assault usually results in injuries that can change the lives of victims permanently. This is tried only as an indictable offence and you can receive a maximum of 14 years of imprisonment.
5. Sexual Assault
This is an extremely serious assault and is viewed independently of the assault itself. So, if you are charged with sexual assault, don’t hire just any criminal lawyer; find yourself a competent sexual assault lawyer.
Sexual assault is when sexual contact is made with someone without their consent. It can be a result of a threat of violence. The most common forms of sexual assault are groping, indecent comments, sexual abuse, and rape. A summary conviction in this charge can result in up to 18 months in prison. If tried as an indictable offence, you can face up to 10 years in prison. If the complainant is under the age of 16, imprisonment can be anywhere from one to 14 years in prison.
6. Sexual Assault with a Weapon
If sexual assault involves a weapon, the assault becomes a more serious offence. When the perpetrator carries or uses a weapon to threaten or cause bodily harm, sexual assault with a weapon applies. Even if the person committing sexual assault is not holding the weapon, they are still guilty of this crime. This charge is only prosecuted as an offence and carries a punishment ranging from a minimum of five years to a maximum of life in prison (if the victim is below 16 years).
7. Aggravated Sexual Assault
This is when the victim is wounded, maimed, disfigured, or put at risk of death. This charge is an indictable-only offence and carries a sentence ranging from five years to life imprisonment.
Assault is a broad term. Which type applies in your case could be difficult to determine and defend against by yourself. If you are facing assault charges, it is highly recommended that you contact a criminal lawyer immediately.