Assault charges can be broken down into the following: Assault - Assault Causing Bodily Harm – Assault with a Weapon – Aggravated Assault – Assault Police Officer - Domestic Assualt.
You may have heard of the term misdemeanour, felony or simple assault used on television or the news, but in Canada, Assault charges are based mostly on the resulting injuries, and whether or not it was a police officer that was assaulted.
If a person has been hit, pushed, or any type of unwanted forceful interaction, which can include the threat (ie: false punch) of violence against another person.
Assault Causing Bodily Harm
This is an Assault on another person that causes bodily harm by way of interfering with the health or comfort of the complainant. It must be more than trifling (insignificant) and transient. If it does not meet the threshold for bodily harm, it still could be considered an Assault.
Assault with a Weapon
An Assault that involves a weapon, is a distinct charge from just an Assault. Did you know that a weapon can be almost anything that was used in the commission of the Assault? Most people would consider a knife or gun a weapon, but weapons have also included remote controls, shoes, dishware, clothing, keys and just about any other object that is used as a weapon.
This is an Assault that results in injury, wounding, maiming, disfiguration or life endangerment. The difference between Assault Bodily Harm and Aggravated Assault is the injury from the Assault.
Assault Police Officer
This is the only Assault charge that applies to a specific group of individuals. Due to the nature of police work, there is a specific charge that will result if a police officer is Assaulted while working. Part of this charge requires the accused to know that the person Assaulted was a police officer at the time of the offence.
What to do if charged with any type of Assault?
First, understand that you have a right to silence – that means “shut up”. If the police need to hear another side to the story, let them hear it through your counsel, when and if advisable. Speak to counsel upon detention or on arrest – that is also your right. It is also important to retain counsel as soon as possible, as there may be other information or evidence that needs to be preserved to assist you in fighting this or these charges. You may qualify for Legal Aid: See Legal Aid Ontario Information.
Criminal Defence Lawyers
I am here to help you through the process of being charged with any type of Assault. My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – and give you the best defence at trial, or plea resolution possible. Make sure you have a lawyer that understands the law and is prepared to act for you.
If you or someone you care about is looking for a criminal lawyer in Ontario, please contact us 24/7 for help:
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