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Types of Assault

Assault charges are very serious. They can have significant consequences on your freedom or liberty, your employment opportunities, your relationship with your family, and your ability to travel internationally.

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There are two sides to every assault charge. You need a lawyer who takes your side, believes in you and will fight to resolve your assault charge in a manner most favorable to you. As criminal assault lawyers, we appear in court for you, speak with the Crown Prosecutors on your behalf, resolve your charges, or take them to trial.

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Our Proprietary Approach to Assault Charges

When a Crown Prosecutor receives your case from the police all they see is your name, a case number, your charge(s), and the details of your alleged crime. That’s it. 

 

Our proprietary approach in dealing with the Crown Prosecutors on your behalf is to expand their vision of you. To help them see you as a ‘person’ — a father, son, brother, mother, daughter, sister, brother, and so on. We ensure they are aware of hardships you’ve endured in life, your goals, your ambitions. We want them to understand the life pressures on you that may have been a factor when the alleged assault occurred. And through proposed diversion programs, we want them to understand how you are dealing with this situation in a way that is most favorable to ensure it never happens again.

 

Having ‘humanized’ you in the eyes of the Crown Prosecutor, the next step is to try to negotiate to have your assault charges reduced, dropped completely, or withdrawn as a result of proposed diversion programs, and resolved with small fines, community service, or a peace bond.

 

However, if we have to go to court to fight for you, we will aggressively defend you, and  strive to have all charges withdrawn.

 

----------Typical Example------------

Case: R. v. B.A.* 
Charge: Assault, Utter Threats, Failure to Comply 
Result: All Criminal Charges Withdrawn

“I was so afraid, having never been in this type of situation before. You helped me make sense of the court process and got me out of this terrible mess.  My life would have been inalterably affected had it not been for your hard work.  God bless you your team!  
 
You were clear, fair, and transparent from the start and throughout the entire process.  Your client portal really kept me and my family up to date and we felt like a part of the team.  Thank you.  I strongly recommend anyone in a similar situation pick up the phone and call these guys TODAY!” - B.A.

* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.

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If you've been charged with any type of Assault, we invite you to contact one of our experienced assault lawyers for a free initial consultation that will last as long as it takes for us to understand your situation and propose a course of action to resolve your assault charge(s) favorably.  Call now and speak to a lawyer (416) 400-6668  24/7

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Types of Assault and Associated Penalties

Assault
An assault occurs where one person applies a force upon another person.

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Common Assault

Common assault is the lowest level of assault in Canada. In criminal charges for common assault, usually, no injury has occurred, or the injury is very minor in nature, e.g. a scrape or minor bruise.

 

Where there is no history of assault or a previous criminal record an experienced assault lawyer can often persuade the Crown Prosecutor to deal with these charges via community service, conditional discharges, or by way of diversion.

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Penalties for a Common Assault Conviction

If you are convicted of Common Assault, your permanent criminal record will show that you have been convicted of a violent crime.  The maximum penalty you will face is a 5-year jail term.

 

In addition, you face the possibility of fines, probation, and other problems associated with having a violent criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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Assault With a Weapon
The crime of Assault with a Weapon involves the application or threatened application of force against another person where a weapon is used as a tool applying the force.

 

The ‘weapon’ can be a traditional weapon, such as a gun, baseball bat, or knife. However, any object used during an assault will be considered a weapon. There are precedents for persons being charged with this offense for threatening or striking other persons with things like snowballs, frozen turkeys, popsicles, loaves of French bread, or even water.

 

Assault with a Weapon is a very broad criminal category. "Begging" for money while holding a knife or a baseball bat, for example, is considered an assault.

 

Even the threat of using a weapon is an offence potentially punishable by imprisonment.

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Penalties for an Assault with a Weapon

If you are convicted of Assault with a Weapon, your permanent criminal record will show that you have been convicted of a violent crime.  The maximum penalty you will face is a 10-year jail term.

 

In addition, you face the possibility of fines, probation, and other problems associated with having a violent criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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Assault Causing Bodily Harm
An assault that causes an injury that interferes with a victim’s health or comfort will meet the definition of bodily harm.

 

Injuries considered “bodily harm” can include extensive cuts requiring stitches, broken bones, head injuries such as concussion, black eye, or a cracked skull.

 

Psychological trauma impacting a person’s mental health can also be considered assault causing bodily harm.

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Penalties for an Assault Causing Bodily Harm

If you are convicted of Assault Causing Bodily Harm, your permanent criminal record will show that you have been convicted of a violent crime.  The maximum penalty you will face is a 10-year jail term.

 

In addition, you face the possibility of fines, probation, and other problems associated with having a violent criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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Aggravated Assault
In an aggravated assault, the injury must be the sort of injury that wounds, maims, disfigures, or clearly endangers the life of another. The degree of harm caused by an aggravated assault will likely dictate the type of sentence imposed by the judge if the accused is found guilty.

 

Penalties for an Aggravated Assault Conviction

If you are convicted of Aggravated Assault, your permanent criminal record will show that you have been convicted of a violent crime.  The maximum penalty you will face is a 14-year jail term.

 

In addition, you face the possibility of fines, probation, and other problems associated with having a violent criminal record, such as firearm bans, employment challenges, and international travel restrictions.

Sexual Assault
Sexual assault is an assault of a sexual nature. This is a serious crime in Canada. Guilty or not, just being the subject of sexual assault allegations can instantly ruin your reputation.

If you have been accused of sexual assault, you need an experienced sexual assault lawyer on your side immediately. An experienced sexual assault lawyer will help you defend against false claims and will craft an expert defence strategy designed to assist you in overcoming this onerous charge.

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Penalties for a Sexual Assault

Penalties associated with a sexual assault conviction can extend to life in prison, depending on the age of the victim, whether violence was used in the assault and the extent of the assault. When you go to jail, a DNA sample will be taken, and you will be entered into the sex offender database. Upon release from jail, you will have to abide by strict supervision and long-term monitoring conditions.

 

In addition, you face the possibility of fines, probation, and other restrictions associated with having a criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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Domestic Assault
Domestic assault is an assault that takes place between two people who are currently or were formerly dating, married or common law. An experienced domestic assault lawyer, we will be able to help you get through the challenges of being involved in a domestic disturbance, especially when children are involved.

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If you’ve been charged with domestic assault, you may be held for bail. Calling in an experienced domestic assault lawyer to represent you at a bail hearing on short notice can often reduce the strict release conditions associated with domestic assault charges.

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Penalties for a Domestic Assault Conviction

Domestic assaults are taken more seriously than other forms of assault. It’s more difficult for someone to escape a criminal conviction from a domestic assault charge than other types of assault.

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Prosecutors are reluctant to drop Domestic Assault charges. When sentencing a person for an offence in a domestic assault case, the law requires the courts to consider the domestic setting, and determine whether that may have made the offence worse.

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If you are found guilty of a domestic assault you can be sentenced to up to five years in jail. In addition, you face the possibility of fines, probation, mandatory counseling or other remedial programs, and other restrictions associated with having a criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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On the human side, your family may be torn asunder by a Domestic Assault charge. You may lose access to your children (and your children will lose access to their beloved parent) for a long time.

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If you’ve been charged with Domestic Assault, your best defence begins the moment you retain an experienced Domestic Assault lawyer to represent you.

 

Uttering Threats
Uttering a threat occurs when a person knowingly utters or conveys a threat or causes a person to receive a threat.

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A threat can take many forms: words, written messages, emails, social media postings, or actions that threaten bodily harm, death, or damage to real or personal property or injury or death to an animal belonging to the threatened individual.

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Threats do not have to be verbalized to be convicted of this offence. A throat-slashing gesture could be perceived as uttering a threat.

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Penalties for an Uttering Threats Conviction

If you are convicted of Uttering Threats, your permanent criminal record will show that you have been convicted of a violent crime.  The maximum penalty you will face is a 5-year jail term.

 

In addition, you face the possibility of fines, probation, and other challenges associated with having a criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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Mischief
A charge of mischief can be laid, if a person willfully destroys or damages property, renders property useless, dangerous, inoperative, or ineffective, or if the person obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of the property.

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“Willfully” means that the person carried out the act(s) of mischief knowing that the act would probably cause the destruction etc. of the property and being reckless whether the destruction etc. occurs or not.

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Penalties for a Mischief Conviction

If you are convicted of Mischief, your permanent criminal record will show that you have been convicted of a serious crime.  Depending on the extent of the mischief, the penalty you will face could range from 6-months in jail to life in prison.

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In addition, you face the possibility of fines, probation, and other challenges associated with having a criminal record, such as firearm bans, employment challenges, and international travel restrictions.

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