When an individual sustains notable injuries, which are more than transient or trifling in nature, a charge can amount to assault causing bodily harm. The onus is on the Crown to prove, amongst several other things, that the bodily harm, as defined by the Criminal Code, was caused by the accused. This offence is treated more seriously than simple assault and may carry more severe punishments.
This is a more serious type of assault, usually resulting in serious, potentially life-long crippling injuries, or a real danger of death for the victim. Aggravated assault is an indictable offence and carries serious punishments.
Assault with a weapon is exactly what it sounds like. This is an act of violence or a threat of violence in which a weapon is used.
Section 267 of the Criminal Code of Canada defines assault with a weapon as:
267 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. These are serious charges, and it is important to consult an experienced assault lawyer as soon as possible.
If you are looking for advice on any matter concerning any of the above named assault charges, please contact Sanja Mavrak at (416) 554-4974.