Violence is never tolerated in Canada and based on its varying degrees, Canada has different punishes for these offenses. In the Canadian legal system, assault never goes unpunished, which is why you should be aware of different types of assault charges in Canada and in how many ways it is handled in the country. But first, you should learn how the Canadian legal system defines an assault.
What is the meaning of assault charge
The basic definition of assault according to the Canadian court is an intention to apply force to someone else with an intention to hurt them, in a direct or indirect manner without their consent. You should also remember that a ‘threat’ is all that is required to charge someone for assault in Canada.
This means that the victim doesn’t have to be injured or hurt in order to file an assault charge, they just need to prove that the offender had an intention to hurt them and that they did not consent to the behavior.
Different Types of Assault Charges in Canada
- Simple Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Aggravated Assault
- Sexual Assault
- Sexual Assault with a Weapon
- Aggravated Sexual Assault
- Assaulting a Police Officer
Simple Assault
Simple assault is the most basic type of assault in Canada and this is handled in two ways in the country. If the person is charged with simple assault as a summary conviction then it means the charge is less severe and can be handled directly by the judge and no jail sentence is involved. However, when it is treated as an indictable offense then it means it is more severe which requires a formal court process.
Assault Causing Bodily Harm
If the victim was physically injured or hurt during the assault then the offender will be charged with Assault Causing Bodily Harm. This is also handled in two different ways. In summary conviction, they get a maximum penalty of 18 months jail sentence. And if it is getting prosecuted as an indictable offense the offender can face up to 10 years of jail time.
Assault with a Weapon
If an assault, including an act of violence or a threat of violence, including a weapon such as a knife, a gun, or any other equipment that can be used as a weapon then the person can be charged with Assault with a Weapon. Like the other two, it is also prosecuted in two ways, a summary conviction or indictable offense.
Aggravated Assault
Aggravated Assault included a more serious type of assault that causes altering injuries to the victim. This offense is always treated as an indictable offense with a maximum of 14 years in prison.
Sexual Assault
Sexual assault involves non-consensual sex or even forcing someone for it. It can either be a threat or act of violence that doesn’t involve consent from the other person. It is also treated as either a summary conviction or an indictable offense, and the jail time varies from 18 months to 10 years maximum based on the type of charge.
Sexual Assault with a Weapon
It is exactly what it sounds like, When a sexual assault involves a weapon or even bodily harm then the offender is charged with sexual assaults with a weapon. It is also prosecuted as both summary conviction and indictable offense and the punishment for it ranges from 18 months to 10 years in jail.
Aggravated Sexual Assault
Aggravated sexual assault is the more serious type of sexual assault that has life-altering effects on the victim’s life. This assault is always tried as an indictable offense and the offender can face a minimum jail type of four years.
Assaulting a Police Officer
When acts of violence are directed towards a police officer then the offender is charged with Assaulting a Police Officer. It is prosecuted as the rest of the charged and depending upon the situation it could either be treated as a summary conviction or an indictable offense.
In the case of any of these assault, a Assault Lawyer Toronto can help you file a compensation claim with the police service. An individual is required to file a police report if the attacker was convicted of the crime. An experienced attorney will know how to fight against a conviction and prove the victim’s innocence. An assault lawyer can help you decide what type of punishment to ask for in court. There are many consequences to a sexual assault charge, and it’s important to consult with a Toronto attorney as soon as possible.
Know More About: Expert Assault Lawyers in Marietta