Types of Assault
Simple assault, or assault simpliciter, is defined in s. 265(1) of the Criminal Code of Canada as follows: A person commits assault when, (a) without the consent of another person, he applies force to that person, directly or indirectly.
Essentially, a simple assault is one which does not cause injury to the other person and does not endanger their life. The charge is not necessarily minor and needs to be taken seriously. There very well may be aggravating features, such as the context of the assault, the vulnerability of the complainant, whether it was unprovoked, the relationship between the accused and complainant, etc., that will effect how the legal system will view a particular charge.
The offence of assault with a weapon and assault causing bodily harm, which add aggravating features to the definition of assault simpliciter, are defined in s. 267 of the Criminal Code of Canada as follows: Every one who, in committing an assault, (a) carries, uses, or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant.
The offence of aggravated assault, the most serious form of non-sexual assault, is defined in s. 268 (1) of the Criminal Code of Canada as follows: Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Like any criminal charge, an accused has the right to a trial where the Crown will need to prove guilt beyond a reasonable doubt. Even if an accused admits they did apply force to another person, the question is whether the Crown has sufficient evidence to prove this. There may also be a defence to the charge such as consent (either express or implied), mistaken belief in consent, or self-defence.
Potential sentences for assault depend on the circumstances of the offence itself and of the accused and could range from an absolute discharge to a period of time in custody. In many cases there may be alternative measures available such as diversion and/or entering into a peace bond.
For more information on assault charges please see the assault section of Adam Goodman’s web site or contact Adam at 416-477-6793 or adam@aglaw.ca or by filling out the form on this web site.
