Consequences of Assault Offences in Canada
Any act of violence should be taken seriously by law enforcement and the court. Canada has a simple system for labelling the various types of assault that can occur. Along with these categories, there are also specific consequences for each one. If you or someone you know are currently facing assault charges, it is a good idea to prepare yourself for the potential outcomes. Read on for more information on the consequences of these offences in Canada:
Simple assault is usually seen as the most basic category of this transgression. Based on the severity of the situation, it can be prosecuted in two different ways: A summary conviction demonstrates a less severe charge and is processed by a judge without a jury or jail sentence. Otherwise, a more severe case of simple assault is considered to be indictable and requires a formal court hearing.
Assault Causing Bodily Harm
A step up from simple assault, this charge brings with it a much more serious set of consequences. Assault causing bodily harm can also be prosecuted in two different ways: The first is through a summary conviction with a jail sentence of up to eighteen months, or it can also be prosecuted as an indictable offence. With this prosecution, you may face up to ten years in prison.
Assault with a Weapon
Assault with a weapon can include any act of violence that features a gun, knife or any other type of weapon. It can be processed the same as assault causing bodily harm with similar jail sentences.
This is one of the most serious types of assault charges that you could face. The victim typically sustains serious and possibly even life-long injuries. With this type of offence, the victim may realistically fear for their very life. Unlike the lesser offences listed above, aggravated assault is always tried as an indictable offence. It comes with a maximum sentence of fourteen years in prison.
A sexual assault charge indicates that there was both non-consensual sex and a threat or act of violence. It can be a summary conviction made by a judge without a jury, and it may have a jail sentence of up to eighteen months. Alternatively, it can be viewed as an indictable offence and receive a maximum of ten years in prison.
You may also see separate charges for sexual assault with a weapon or aggravated sexual assault. Sexual assault with any type of weapon involved comes with a jail sentence of at least four years.
Assault of a Police Officer
Assaulting a police officer is a separate offence category, but it will be very similar to a simple assault. It can be prosecuted as a summary conviction or indictable offence. The details surrounding the assault will determine the prosecution and the consequences for this type of offence.
Finding a Lawyer
If you are facing assault charges, you need to make sure that you get the right Winnipeg criminal lawyer. Let Matthew Gould represent you in court to help you get the best possible outcome for your assault case.