Assault is a severe kind of offence in Canada and the world. At first, it seems to be a simple act, but with time, things become complicated for the accused when one looks at its consequences, such as dealing with criminal record upon conviction. According to the Canadian legal system, there’s a significant difference between violence that ends with mere public disapproval and the one which results in serious repercussions.
2. Introduction
Assault is a severe kind of offence in
Canada and the world. At first, it seems to
be a simple act, but with time, things
become complicated for the accused when
one looks at its consequences, such as
dealing with criminal record upon
conviction. According to the Canadian legal
system, there’s a significant difference
between violence that ends with mere
public disapproval and the one which
results in serious repercussions.
3. What’s an Assault Charge?
The basic definition of assault in Canada is
the aim to apply some force to somebody
else directly or indirectly, without the
consent of that individual. It means that a
mere threat to attack someone is enough
for an assault charge to be legally
delivered with or without actual injury
occurred.
4. Simple Assault
Simple assault can be prosecuted in two
ways. First, a summary conviction which is
considered to be a less severe type can be
processed directly by a judge without
needing to arrange a jury or declaring a jail
sentence for the defendant. Second, an
indictable offence is a more severe kind of
a simple assault that requires more formal
court proceedings.
5. Assault leading to Bodily Harm
In case of noticeable injuries caused to the
victim, an assault charge can be filed
against the accused to cause bodily harm.
Like simple assault, it can also be
prosecuted in two ways; the first one is
summary conviction resulting in maximum
of 18 month jail time, and the second as an
indictable offence leading to 10 years in
prison.
6. Weapon Assault
Weapon assault is a threat or an act of
violence that is carried out using a weapon
like a gun, knife, or any other equipment.
Like the previous two types, this offence
can also be carried out in two ways;
summary judgment and an indictable
infringement resulting in maximum prison
sentences.
7. Aggravated Assault
Aggravated assault is one of the most
severe kinds of assaults done in Canada
that leads to lifelong disabilities of the
victim, or in some cases, even the death of
the victim. It’s always considered an
indictable felony, which results in a
maximum of 14 years in prison for the
accused.
8. Sexual Assault
An intent to sexually threaten or attack
somebody without his or her consent, this
act of violence is termed as sexual assault.
It’s also processed in two ways; a
summary conviction and an indictable
crime resulting in the sentence starting
from 18-month jail time to even 10-year
maximum prison time.
9. Aggravated Sexual Assault
This type of offence is one step ahead of
aggravated assault, with far more severe
consequences and bodily harm caused to
the victim’s body. It’s always termed as an
indictable crime. When a weapon is used
during this felony, a minimum 4-year
sentence is given to the accused upon
conviction.
10. Assaulting a Police Officer
As the name suggests, an act of violence
committed against a police officer is
prosecuted in the court of law. It can result
in either a summary conviction or an
indictable felony, depending on the severity
of the action.
11. What To Do When Charged With A
Criminal Felony In Alberta?
12. Get in touch with a Team of
Criminal Defence Lawyers
Immediately!
If you’re in Edmonton, contact Slaferek Callihoo to schedule a free consultation!