There are many types of assault charges in Canada. Almost all of the assault charges could result in a jail sentence. The term ‘assault’ typically refers to situations where one person deliberately applies force or weapons use to another person without their consent. Assault is a common crime in Canada. However, if you have been charged with an assault offence, seek proper legal guidance. Talk to a competent assault offence lawyer to potentially avoid a criminal record and jail time.
Simple assault sentence
If you’re convicted of assault in Alberta or any other Canadian province, you can get jail time. The maximum jail time can be 5 years if the Crown proceeds by way of indictment. If the nature of the offence is not serious, you can expect to get 6 months in jail. Simple assault charges are usually treated as a summary offences which can be concluded with little to no jail time.
Jail time for assault causing bodily harm
How much sentence an offender gets depends on the circumstances. If an act of assault leads to bodily harm that affects the health of the victim, this could be considered a crime of serious nature and treated accordingly. If you’re convicted of assault causing bodily harm, you can get jail time which can be up to 10 years provided that the Crown proceeds by way of indictment.
If not preceded by way of indictment, the maximum jail time is 18 months. The vulnerability of the victim and the injuries sustained are two important factors that help the Crown decide whether or not the offence should be preceded by indictment.
Assault with a weapon
Assault with a weapon is when a person deliberately uses an object to cause harm to another person. In this context, the term ‘weapon’ is a broad concept. A beer bottle, a knife, or a hammer are also weapons that can cause serious injuries. If you use a weapon while assaulting someone, you can get 10 years in jail.
Jail time for aggravated assault
Aggravated assault is a more serious offence than assault with a weapon causing bodily harm. Aggravated assault is when the victim gets life-threatening injuries. An act of female genital mutilation is an example of aggravated assault. In these cases, the Crown has to proceed by way of indictment. If you’re charged with aggravated assault in Alberta, a conviction can lead to a maximum of 14 years in jail. It’s difficult to avoid jail time when convicted of aggravated assault.
Sexual assault is also considered as a serious crime in Canada, which can lead to a maximum of 14 years in jail if the victim is under the age of 16. Only an experienced and competent criminal lawyer can help you deal with serious assault charges in Alberta and across Canada.
About Slaferek Law
Slaferek Law is a team of criminal lawyers in Edmonton, Alberta where we help our clients with all kinds of offences and provide them with the legal guidance they need to help get their charges dropped or reduced. Contact us or schedule a free consultation now!
