Assault is considered a serious offence in Canada. If convicted, it can lead to a criminal record. If you or someone you know have been charged with assault, don’t take it lightly and talk to a competent aggravated assault lawyer to get the most favorable outcome for your case.
A small act of violence may sometimes seem like an insignificant incident, especially considering the moment in which it takes place. Things start getting complicated when you come to know the consequences of that act of violence. Canadian law considers violence as an unlawful act. However, it’s important to evaluate the term violence and assault from different perspectives.
What is “assault”?
A person can be charged with assault when he uses force deliberately, either directly or indirectly, to another person without his or her consent; for example, kicking, pushing, punching or even spitting. A person gets convicted of the assault offence when the crown successfully demonstrates that the accused applied force to the victim without their consent. Another way a person can be charged is when he gestures to apply force to another person making the victim believe that it was an act with an intention to inflict harm.
A credible and reasonable belief that the offender would inflict harm is necessary to conclude a case with the accused being convicted. The conviction in such cases can lead to jail time. Let’s get down to explaining the different types of assault charges in Canada:
Assault with a weapon
As the name suggests, this act involves the use of a weapon and serious injuries or lifelong physical disabilities can occur. There are cases when assault with a weapon can lead to the death of a victim. Aggravated assault is an indictable offence with a potential penalty of 14 years in prison.
A sexual assault can be simply defined as a situation in which a person intentionally sexually touches another person without that person’s consent; in other words, a non-consensual sexual act that involves threat and violence. An accused individual of sexual assault can get a maximum of 10 years and 18 months. However, penalties for criminal acts may vary from territory to territory, province to province. There is also a severe version of sexual assault that involves the use of a weapon and serious injuries or death. The punishment for such an act can be up to 100 years of jail time.
Assaulting a police officer
It’s a serious crime to assault a police officer, which can be indictable based on the circumstances. Most assaults are categorized based on the severity levels.
There are many types of aggravated assaults ranging from simple domestic assault and weapon charges to rape and assaulting a peace officer. If you or someone you know has been charged with an assault offence, consult a good criminal lawyer to know your options.
About Slaferek Callihoo
Slaferek Callihoo is a team of Edmonton Criminal Defence Lawyers who specialize in assault defence. We provide quick and effective legal expertise to help our clients avoid a criminal record or conviction. Contact us now for a free consultation!