Being charged with a criminal offence can be a daunting and overwhelming experience. As experienced criminal defence lawyers, we have seen the impact that criminal charges have on an individual’s life. Assault charges, in particular, can be incredibly stressful and can carry severe consequences.
Assault charges in Canada are classified into categories, ranging from simple assault to aggravated assault. While simple assault involves the threat of violence or unwanted physical contact, aggravated assault is a much more severe offence. In Edmonton, aggravated assault is considered a serious criminal offence under the Criminal Code of Canada, and it carries harsher penalties than simple assault.
In this post, we’ll delve into what constitutes aggravated assault in Edmonton, explore the specific penalties for such an offence, and discuss how an assault defence lawyer can help if you’ve been charged with aggravated assault.
What Is Aggravated Assault?
Aggravated assault is a serious offence that involves causing severe bodily harm or using a dangerous weapon. According to section 268 of the Criminal Code of Canada, an individual can be charged with aggravated assault if they “wound, maim, disfigure, or endanger the life of the complainant.”
This charge can also be laid when an individual administers or causes someone to administer a noxious substance to another person.
Penalties For Aggravated Assault In Edmonton
The penalties for aggravated assault in Edmonton can be life-changing, and it is crucial to understand the possible consequences if you’re facing such charges. If convicted, the penalties can include hefty fines and imprisonment. The severity of the penalty will depend on various factors, including:
- The nature and extent of the harm caused to the victim
- The circumstances of the offence
- The criminal history of the perpetrator
Under the Criminal Code of Canada, aggravated assault is considered a serious offence. The penalties can range from imprisonment for up to 14 years to life imprisonment, depending on the circumstances.
If the victim suffers serious injuries that require hospitalization or cause permanent disfigurement, the perpetrator could face a maximum of 14 years in prison. In such cases, the Crown prosecutor will seek to impose the harshest possible penalties to send a clear message that such violent behaviour will not be tolerated.
If the assault results in the death of the victim, the perpetrator could be charged with manslaughter or murder. The Crown prosecutor will consider the specific circumstances of the case, such as whether the perpetrator intended to cause harm or acted recklessly, in determining the charges.
A conviction for manslaughter can result in a maximum penalty of life imprisonment. In contrast, a murder conviction can result in a life sentence without the possibility of parole for at least 25 years.
It is important to note that even being charged with aggravated assault can have significant consequences, such as:
- A criminal record
- Restrictions on travel
- Difficulties finding employment
That’s why it’s critical to seek the advice and representation of an experienced assault defence lawyer as soon as possible.
Defending Against Aggravated Assault Charges
If you’ve been charged with aggravated assault, it’s crucial to seek the guidance of an experienced assault defence lawyer. At Slaferek Law, we understand the seriousness of such charges and the impact they can have on your life. We’ll work closely with you to understand the circumstances of the alleged offence and develop a solid defence strategy.
Self Defence
One possible defence against an aggravated assault charge is self-defence. If you can demonstrate that you acted in self-defence, you may be able to avoid a conviction.
Consent
Another possible defence is consent. If the victim consented to the activity, for example, a medical procedure that caused unintentional harm, you may be able to avoid a conviction. However, the rules regarding consent are quite narrow, and consent can not usually be used as a defence for assault.
The Role Of Intent In Aggravated Assault Charges
One important factor in an aggravated assault charge is the element of intent. To be convicted of aggravated assault, the perpetrator must have intended to cause serious bodily harm or use a dangerous weapon. If the harm caused was accidental or unintended, the charge may be reduced to a lesser offence, such as simple assault.
The Importance Of A Skilled Defence Lawyer
Given the severity of the penalties for aggravated assault, it’s essential to have a skilled defence lawyer on your side. At Slaferek Law, we have a proven track record of success defending clients against assault charges in Edmonton.
About Slaferek Law
We’re dedicated to providing our clients with the highest level of legal representation. We specialize in criminal defence, including assault charges, and have a deep understanding of the Canadian legal system. Our team of experienced lawyers has the knowledge and expertise necessary to build a solid defence strategy tailored to your specific circumstances. We’ll work closely with you every step of the way.
Learn more about Slaferek Law.
Need criminal defence services? Contact us now.
