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Generally, the crime of assault involves the intentional application of force without the other person’s consent. The crime of assault can also occur when someone attempts or threatens to apply force to another person or by accosting or impeding another person while carrying a weapon or imitation weapon.
This offence of assault ranges from minor incidents to serious injuries. 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.
There are five main types of assault offences in Canada. 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 four 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 circumstances where someone attempts or threatens the other person, a conviction will follow only if the other person genuinely believed the attempts or threats.
Another form of assault is assault with a weapon. Assault with a weapon occurs when someone uses a weapon while committing the offence of assault. For example, applying force to someone with a baseball bat when the other person does not consent would make out the offence of assault with a weapon.
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 focuses on the injures someone suffered from the assault. The Criminal Code defines bodily harm as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling.” So, assault causing bodily harm occurs when the injuries from the assault are more than merely transient or trifling.
Aggravated assault is the most serious type of physical assault. Like assault causing bodily harm, the focus is on the injuries sustained by the person that was assaulted. The offence of aggravated assault occurs when the accused wounds, maims, disfigures, or endangers the life of the complainant.
more serious offense. 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 a few 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 the dismissal of all charges.
Another option that could help you avoid a conviction is a peace bond. These are agreements between the Crown and the Defence where the accused promises to keep the peace. These bonds usually last for one year and frequently include additional requirements like counseling or restraining orders.
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.
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