A person is convicted of assault, assault with a weapon, assault inflicting bodily harm, and aggravated assault if they violate sections 265-268 of the Criminal Code of Canada. While the minor assault charges may result in a summary conviction with a maximum imprisonment sentence of six months, more violent assaults can result in a 14-year sentence.
There will be a criminal record if you are convicted. As a result, you may be unable to travel internationally, find work, or maintain a good reputation.
If you believe you are facing assault charges, you should first seek the counsel of an assault lawyer in Vancouver.
Here’s what you should know about assault charges and the process stages.
WHAT ARE ASSAULT AND MORE SERIOUS ASSAULT CHARGES?
Assault can be classified into a variety of types. Domestic violence and sexual assault are two more specific assault accusations examined separately due to various factors and difficulties.
An attack is committed, according to the Criminal Code of Canada, when the following occurs:
- He uses force on another individual without their agreement, either directly or indirectly;
- Attempts or threatens to use force on another person through an act or gesture that he possesses, or fools people into thinking he still can achieve his goals; or
- A person who openly wears or carries a weapon or a replica accosts or obstructs another or begs for money.
It’s important to note that not only can actual violence be deemed an assault, but so can the threat of doing so. In addition, assault accusations demand that:
- there was a clear intention on the attacker’s part to use force, and
- The victim refused to consent to the use of force.
WHAT HAPPENS IF ASSAULT IS CHARGED AGAINST ME?
Your detention may be postponed until your assault case is resolved, depending on whether you were a first-time offender or had a criminal record. An undertaking or recognizance describes the terms of this release.
A bail hearing could be necessary for some instances. While waiting for your trial, you can get out of jail with bail. If your bail is denied, you will be held in custody until your case is heard.
HOW YOU CAN DEFEND AGAINST CHARGES OF ASSAULT
When it comes to assault charges, there are a few viable defenses. Among these examples are self-defense, personal protection, agreement from the complainant, reflex actions, crime prevention, and property defense.
