Assault, as defined in Section 265 of the Criminal Code, is the deliberate use of force, directly or indirectly, on another individual without their consent.
Types of Assault Charges
The severity of the charge is determined by the circumstances of the incident, whether a weapon was involved, and the extent of injury inflicted on the victim.
- Simple Assault: Occurs when there are no weapons involved, and the victim does not suffer bodily harm.
- Assault Causing Bodily Harm: Involves the use of physical force that causes injury to the victim. Injuries can range from minor, such as scratches or a black eye, to more severe, like sprains or broken bones.
- Assault With a Weapon: When an individual uses or threatens to use a weapon and causes bodily harm. Weapons can encompass firearms, knives, or everyday objects.
- Aggravated Assault: Charged when the accused causes wounding, maiming, disfigurement, or life-threatening injuries to the victim. The resulting injury is typically of a permanent nature.
- Assaulting a Police Officer: Deliberate use of force against a police officer, assaulting an officer during arrest resistance, or assaulting an officer while they carry out a lawful search or seizure.
- Sexual Assault: A non-consensual assault of a sexual nature that violates the victim.
Consequences may involve fines, imprisonment, probation, and a permanent mark on your criminal record. A conviction can also impact your job opportunities, immigration status, and international travel ability.
Importance of Legal Representation
When faced with assault charges, a competent criminal defence lawyer is crucial. They can help you navigate the complexities of the legal system, defend your rights, and create a solid defence strategy tailored to your specific case.
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