Assaults can be categorized as the intentional force used on another person without their consent. With this legal definition of Assault, it can lead to a number of different cases ranging from minor assault charges such as touching someone’s shoulder to major assaults of intentionally causing bodily harm.
Please keep in mind that you do not need to injure someone to receive charges of assault. Having only the threat of an assault is a reason to be implicated and charged in Canada (actual injury is not required to be charged). The most valid trait to categorize Assault is the intent of causing bodily harm by the accused.
Assault Is Not the Same as Battery
While Battery is often linked to many Assault cases in Canada, they are two separate offences. As stated above, assault does not require actual injury to be involved. The threat of an assault is enough to be charged with the offense.
Battery is the use of unlawful force and uncontested physical contact with another person with the motive of intentionally harming them.
Types of Assault and Charges
This is the basic definition of an assault to another person. In Canada, there are a number of different types of assault with their own peculiar sentences. Below are a list of some of the most common types of assault cases in Canada and their respective implications.
Simple assault is the attempt and having the motive to intentionally cause physical harm to another individual (can be perceived as a verbal threat too).
The implications following a simple assault may just be processed directly by a judge with no trial. The accused may be asked to pay a fine or depending on the situation be charged with a very minimal jail time.
Aggravated Assault is a more serious offense than a simple assault. The main difference between simple assault is the use of a weapon and the attempted result of causing serious physical bodily harm to another person.
The implications for this are one of the most serious forms of assault and the consequences for the accused can be a sentence of up to 14 years in prison.
Assault with a Weapon
This is an act of violence with the use of a weapon – either through a verbal threat or physical act of assault. Depending on the case, it may become a minor offence or can be given a maximum sentencing of up to 10 years in prison.
Sexual assault is when non-consensual sex is mixed in with threats or acts of violence. The minimum sentencing may range from 18 months to 10 years in prison.
Assaulting a Police Officer
Threatening or physically assaulting a police officer can present many problems for you. The crown will not overlook this problem and may prioritize asking for a jail sentence to deter similar future situations.
The accused can face up to 5 years in prison and 3 years of probation. A record will be created in the National DNA Database which will add a criminal record to your name.
The Strategic Approach
If you were charged with a simple assault and no one was injured as a result then a solution may be to use the Alternative Measures Program (AMP) to negate a criminal record for yourself. You’re eligible to apply for AMP if you’re a first time offender and if it is a minor assault case. Our lawyers will negotiate this route for you if they see this as the best solution for your case.
In most cases, a trial will often be held to prove your innocence beyond a reasonable doubt. If it does end up going to trial, our Calgary Assault Lawyer will defend you to the best of his 28 years of experience. Evidence and witnesses will be reviewed and one of the routes to take would be to pursue a self-defence view if that is necessary.
Our Calgary Assault Lawyers Can Help
At Shim Law, our criminal lawyer William Wister has over 25 years of experience dealing with criminal law and has the knowledge and skills to assist you in any assault cases. Above are some of the solutions that may be used but to fully understand your case and give you the best result – please come see William Wister at a free consultation as he will strategically outline your situation for you.
He has served as the Chief Crown Prosecutor and understands the mindset of how they think – with that he will be able to present to you an array of different options that may be possible for your case.
If you are accused of assault and confronted by the police, you should immediately contact William Wister on his personal phone to mitigate your accused crimes as soon as possible.