Brampton Criminal Lawyer
The offence of assault is set out in s. 265 of criminal code of Canada. It is the most basic of offences of violence. Our criminal lawyer defends mostly these charges. Section 265 sets out three ways for the offence to occur.
(a)The assault can be through the intentional non-consensual application of force upon complainant. For example: slapping, hitting, etc.
(b) By an attempt or even a threat of non-consensual application of force upon complainant. Example if a culprit threats to apply force or attempts to apply force, etc.
(c) Lastly by openly carrying a weapon the culprit accosts or impedes the complainant.
Offense Wording under criminal code
Punishment for assault
s.266 Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Assault with a weapon or causing bodily harm
s.267 Every person is a guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof,
(b) causes bodily harm to the complainant, or
(c) chokes, suffocates or strangles the complainant.
s.268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
The assaults can be named differently depending upon the nature and involvement of different parties.
Domestic Assault – The assault on spouse or partner by another spouse is termed as a domestic assault.
Sexual Assault – The assault which is of sexual nature, unwanted touch or rape is termed as sexual assault. The sentencing for sexual offense is based upon the gravity of offence.
Assaulting a peace officer– This charge applies when peace officer or public officer is assaulted at the time of execution of his duty.
The conviction of accused for simple assault s266 may lead to a maximum imprisonment of 5 years. The sentence for assault with a weapon, aggravated assault and sexual assault is considerably higher than simple assault which often results in Jail time. A permanent resident or foreign national may become inadmissible to Canada on grounds of serious criminality if convicted for assault.
Defend your assault charges with quality criminal defense lawyer Navdeep Dhindsa. Call Dhindsa Law at 437 998 1429