Types of Assault Charges in Canada explained by a Criminal Lawyer
An act of violence is a very simple incident, particularly in the moment which it takes place. Nonetheless, once things are over and you take a look at the consequences of the moment of violence that is when the things start to become complicated. Violence is something which isn’t ever tolerated in Canada as per criminal lawyer Toronto. However, the degree to which it is punished or violated might differ. There is great difference in between violence which ends with the disapproval of the general public and the violence with the consequences which have to be addresses by the Canadian legal system.
Assault is one of the serious crimes that a person can commit in Canada. There are different types of assault in Canada which weighs differently in the eyes of law.
This is considered to be one of the most basic kinds of assault charge in Canada. criminal lawyer Toronto states that this can be prosecuted in two different ways. In case someone is charge with simple assault as the summary conviction, this is going to be less severe than the other two charges. It can be processed directly by the judge without even requiring a jury or a jail sentence. Nonetheless in more severe cases of this type of assault, it might be treated as an indictable offence that will need more formal court process.
Assault Resulting in Bodily Harm
When a notable injury takes place, a charge can be made for causing bodily harm. This can be prosecuted in two manner says criminal lawyer Toronto. That is with maximum penalty of 18 months or jail and a summary conviction. In case this is prosecuted as an indictable offence then up to 10 years in prison.
Assault with the Weapon
This assault is exactly what it sounds like. This results in serious and lifelong crippling injuries. As a matter of fact, it can also involve the death of the victim. Aggravated assault is known to be treated as an indictable offence with a maximum 14 years in prison.
When non-consensual sex involved act of violence or threat, it can be taken as a sexual assault. Like the previous assault, this too has summary conviction along with indictable offense variations with 10 years and 18 months maximum sentence on the basis of the charge.
Sexual Assault with Bodily Harm/Threat/Weapons
This is a severe version of sexual assault. It is known to be charged in a similar manner on the basis of the circumstances. There are both indictable offense sentences and summary conviction. Maximum punishment usually ranges from 18 months to 100 years of jail time as per criminal lawyer Toronto.
Aggravated Sexual Assault
Like the aggravated assault, it means there are far more serious consequences and injuries for the victim. Generally, it is tried as an indictable offense. In case a weapon in involved like a gun, the minimum jail sentence during an event of conviction is four years.
Assaulting Police Officer
When an act of violence against a police officer occurs, it will have its own charge. However, it is prosecuted like the other charges. On the basis of the circumstance, a police officer assault charge can be an indictable offense or summary conviction. It will depend on the act. Criminal lawyer Toronto mentions that all assaults vary when it comes to the severity levels.