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Assault is a common criminal allegation. Generally, assault occurs when one person intentionally and without consent applies force to another person.
The offence of assault can occur when someone without even touching someone. The Criminal Code states that an assault can occur when someone “attempts or threatens by act or gesture” to apply force to another person. Therefore, words alone can constitute an assault.
The offence of assault ranges from minor incidents to cases where serious injuries occur. Accordingly, the resulting sentences vary dramatically.
If you have been arrested for assault, now is the time to speak with a dedicated criminal defence lawyer. You may be able to avoid a conviction or reduce the severity of the sentence with the support of a Calgary assault lawyer.
In Canada, there are five main types of assault: simple assault, assault with a weapon, assault by choking, assault causing bodily harm, and aggravated assault. Each offence has its own elements to prove. A lawyer in Calgary could help you defend yourself from each of these assault charges.
Simple assault is the most charged of the five and often has the lowest sentence. This crime occurs when a person intentionally applies force to someone else without the other person’s consent, or when a person attempts or threatens, by act or gesture, to apply force to another person In the circumstances where someone attempts or threatens the other person, a conviction will follow only if the other person genuinely believed the attempts or threats.
As one would expect, assault with a weapon is an assault where a weapon is used. In criminal law a weapon is anything used to cause injury or death, or for the purposes of threatening or intimidating someone. In essence, anything used as a “weapon” is a “weapon.” For example, a coffee cup is a device for drinking if used in that fashion. However, it is also a weapon if you use it to hit someone.
Another form of assault is assault by choking. Like assault with a weapon, the offence of assault by choking occurs when someone chokes the other person while committing the offence of assault. Assault by choking is considered more serious than simple assault.
Assault causing bodily harm imports a causation requirement. The focus in an allegation of assault causing bodily harm is not only on the actions of the accused, but on the harm caused to the complainant. If during the course of an assault the complainant suffered an injury that was more than merely transient or trifling, the offence of assault causing bodily harm would be made out.
Aggravated assault is the most serious type of physical assault. Like assault causing bodily harm, the focus is on the injuries sustained by the complainant. The offence of aggravated assault occurs when the accused wounds, mains, disfigures, or endangers the life of the complainant. It differs from simple assault in that the actions of the accused result in another party’s harm in the form of wounds or disfigurement. Causing life-threatening injuries can also lead to an aggravated assault case. Various defence strategies are available, including the claim of self-defence or defence of others. You can rely on the defence of defence of person provided your actions are reasonable in the circumstances.
A lawyer in Calgary could defend your assault case in several ways. In some situations, that might mean reaching an agreement with the Crown. In others, it could involve taking your case to trial.
For simple assault cases where no one was injured, you could take advantage of the Alternative Measures Program. In this program, you have the chance to complete community service in exchange for your charges being withdrawn.
Another option that could help you avoid a criminal record is a peace bond. A peace bond is not a criminal conviction. Rather, it is a court order requiring you to do certain things, such as keep the peace. Peace bonds usually last for one year and frequently include additional requirements like counseling and no contact conditions.
Not everyone has access to these options. For some people, the best way to fight an assault charge is by taking the case to trial. There are always risks associated with proceeding to trial, but a criminal defence lawyer can help you thoroughly prepare for trial. If you win at trial, you are free from any potential penalties.
When you are arrested for assault, you have the chance to defend yourself against the allegations. What’s more, you never have to face these charges on your own.
A Calgary assault lawyer can protect your rights and answer your questions about the case against you. Call today to learn more.