Criminal Law – Aggravated Assault

All Assaults stem from the same section in the Criminal Code of Canada. As of 2015, the section in the Criminal Code of Canada pertaining to Assault is section 265 and is defined as:

265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-265.html

“Aggravated Assault” is defined in Section 268 of the Criminal Code of Canada as:

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-133.html#docCont

“Complainant” is defined in Section 2 of the Criminal Code of Canada as a “victim of an alleged offence.”

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html#docCont

Aggravated Assault is a straight Indictable Offence. Meaning that where a Defendant is charged with an Aggravated Assault, the Crown Attorney automatically proceeds by way of Indictable. Due to the seriousness of the crime, the accused may face significant incarceration if found guilty.

268. (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-133.html#docCont

I have included a chart to facilitate the understanding of the possible sentencing available if one is found guilty of Aggravated Assault.

A lawyer can help secure your freedom.

In addition to exhausting all options of defences found in the Criminal Code of Canada and the Common Law, a Lawyer may also challenge the Crown Attorney’s case. A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the Crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.

A lawyer can help secure a lesser sentence.

If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing. The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada. A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.

The law is vast and complex. I can help!