In the criminal scene in Canada, assault can take many forms. These charges can lead to long prison terms and criminal convictions if convicted.
This article discusses the possible sentence for someone convicted of one of these types of assault in Canada.
What is the penalty for assault in Canada?
Sentences for assault in Canada can range from conditional discharge to a maximum sentence of fourteen years in prison.
Criminal defense lawyers in Canada stated that Penalties for offenses would depend on the type/level of assault and the circumstances of the offense. What are the three levels of aggression?
There are three levels of attack in Canada. That is:
Level 1: Normal attack
Level 2: Attack with a weapon / Inflict bodily injury
Level 3: More severe attacks
We will explore each of them in more detail.
Single attack
Casual assault is often called “assault” and is a common allegation in Canada. Section 265 of the Penal Code defines the basic elements of the charge. This offense occurs when one person, without the consent of another:
1. Intentionally using force against another person, directly or indirectly;
2. Attempting or threatening, by an act or gesture, to use force against another person if that person has, or to cause another person to believe on a reasonable basis that the person has a present ability to do so.
3. While carrying or openly carrying or forging a weapon, he approaches or obstructs another person or pleads.
When the Crown can prove beyond a reasonable doubt that at least one of the three circumstances above occurred, a person may be found guilty of a crime.
How much time can a person get for normal offensive behavior?
According to a criminal defense lawyer in Canada, you could be sentenced to prison if you commit this crime. If the Crown proceeds with the (more serious) indictment, the maximum prison sentence you could face is five years. If Crown proceeds immediately (less severe), the maximum penalty you could face is six months in prison. It will be rare for the Crown to proceed by prosecuting a common assault charge, so the maximum penalty you can consider could be six months in prison. Assault causing bodily harm
This type of attack occurs when the result of unwanted physical contact leads to an injury that affects the health and comfort of the victim. These will be more serious injuries like fractures, severe bruises, cuts, etc., even if the wound heals quickly.
Assault causing injury is punishable by imprisonment.
Yes, you can be sentenced to prison if convicted of assault causing bodily harm in Canada. If the Crown proceeds by instigation, the maximum prison sentence you could face is 10 years in prison. If the Crown proceeds quickly, the maximum prison term is 18 months. Depending on the victim’s circumstances, injuries, and vulnerabilities, the Crown will decide if this is the prosecution case.
Attack with weapons
This charge occurs when you use an object to exert force on another person. Weapons can be objects like knives, baseball bats, hammers, beer bottles – anything you use to hurt someone. You can be charged with this crime if you carry, use, or threaten to use a weapon during an attack.
Can I get Jail Time if I am Accused of Assault with a Weapon?
Yes, you can be sentenced to prison if found guilty of this type of assault in Canada. If the Crown proceeds by instigation, the maximum prison sentence you could face is 10 years in prison. Depending on the circumstances of the attack, the weapon used, carried, or threatened to use, and the victim’s injury and vulnerability, the Crown will determine if this is a case for investigation.
More severe attacks
This is the most serious form of assault in Canada, as per criminal defense lawyers in Canada. This charge is used when the victim is seriously harmed, disfigured, or suffers from life-threatening injuries. This charge has been expanded to include specifically anyone who performs female genital mutilation.
Can I go to jail if I am convicted of aggravated assault?
This is a serious offense, and if charged, Crown has no choice but to proceed with prosecution. This crime carries a prison sentence of fourteen years. A person convicted of this type of assault will likely spend some time in prison.
sexual assault
Sexual assault in Canada is an assault committed in circumstances of a sexual nature. The definition is ambiguous to capture a wide range of behaviors. At the heart of the charge is that the sexual integrity of the victim has been contravene and is independent of the fact that any part of the body has been touched.
Conclusion
If you are facing criminal charges, the best thing to do is hire a defense attorney immediately. A criminal record can have devastating destructive consequences on your life. Criminal defense lawyers in Canada have the experience to protect the rights and achieve the best possible outcome in your case.