An assault charge under the Criminal Code of Canada can range from simple assault to the different degrees of sexual assault. Depending on the section of the Code under which you are charged, the consequences can be dramatically different.
What constitutes an assault charge under the Criminal Code
Assault is the intentional application of force (directly or indirectly) on a person, and this without consent. Also, attempting or threatening to apply force on someone, for example, you try to hit someone and you miss them, can result in an assault charge.
What type of assault charge are you facing?
- Simple assault or Assault simpliciter
This is the most basic form of assault charges. It a charge that is commonly seen in domestic cases for example. A simple assault charge or assault simpliciter (this means ‘without a qualifier’) is generally brought where there is no weapon used in the application of force and the resulting injuries, if any, are minor. It is a hybrid offence, which means that the crown can choose to prosecute it summarily or by indictment. If prosecuted summarily, it is a simpler process and the consequences of a conviction are less severe. Generally, the punishment for a summary conviction is a prison sentence for no more than 2 years and/or a fine of not more than $5000. If the crown chooses to proceed via indictment, the process is lengthier and the consequences more serious. In any case, you want to speak to a lawyer to clarify the steps you want to take when facing an assault charge.
- Assault with a weapon
Like simple assault, assault with a weapon is both a summary and an indictable offence. You will be charged with this offence, if you carry, use or threaten to use a weapon (real or imitation) while committing an assault. If prosecuted by indictment, you risk up to 10 years of imprisonment. Anything can be construed as a weapon if used to threaten, intimidate, injure or cause death to another person. For example, courts have considered that hitting someone with a broomstick may result in a conviction for assault with a weapon. If the weapon used is a prohibited weapon (like a firearm) you may also be charged with a weapon’s offence.
- Assault causing bodily harm
While committing an assault, if you cause important injuries to another person or you choke, suffocate or strangle them, you may be charge with assault causing bodily harm. Bodily harm can be defined as any hurt or injury that is not insignificant in nature and interferes with the health or comfort of a person. Assault causing bodily harm is also a hybrid offence and if prosecuted by indictment can lead to up to 10 years of imprisonment.
- Aggravated assault
You commit an aggravated assault if you wound, maim (mutilate), disfigure or endanger the life of another person. This a serious offence and the crown has no choice than to prosecute it by indictment, making it a straight indictable offence. If convicted, the sentence is up to 14 years of imprisonment.
- Assault of a peace officer
The assault of a peace officer is not limited to the assault of a police officer engaged in the execution of its duties. You can also be charged with “assaulting a peace officer” if you are in an altercation with a prison guard, a border agent or with a bailiff, etc. The offence of assaulting a peace officer is committed when:
- You assault a public officer or a peace officer while they are on duty;
- You assault a peace officer with the intent to resist or prevent arrest or detention of yourself or another person;
- You assault a person engaged in the lawful execution of a seizure of land or goods. Assault can also occur where you attempt to rescue anything taken during the seizure from that person.
A charge of assault on a public officer or a peace officer may be even more serious if there are aggravating circumstances such as the use of a weapon (s. 270.01 CC assault of a peace officer with a weapon or causing bodily). You may face a charge of aggravated assault of a peace officer (s. 270.02 CC), where during an assault, you wound, maim, disfigure or endanger the life of a peace officer. A conviction for aggravated assault, in this case, can be up to 14 years of imprisonment.
- Sexual assault
There are many different types of sex crimes. Sexual assault simpliciter is the more “general” form. However, like all the other types of assault discussed above, sexual assault can be accompanied by qualifying circumstances such as sexual assault with a weapon, causing bodily harm or aggravated sexual assault.
Sentences are in accordance with the gravity of the offence and the age of the complainant (this term is used in court for the alleged victim). For example, in a sexual assault simpliciter case, if the complainant is under the age of 16, a summary conviction will lead to a mandatory minimum prison sentence of 6 months. If prosecuted by indictment, a conviction for sexual assault simpliciter can lead to up to 14 years of imprisonment. The risk of a conviction is not limited to a prison sentence; you may also find yourself on the National Sex Offender Registry list.
What to do if you are charged with any of these assault charges?
When confronted with any forms of assault charge, speak to a lawyer. These are serious charges and the circumstances can quickly add aggravating factors to your actions leading to a more serious offence. Salematou is here to help you defend assault charges ranging from simple assault to sexual assault. Speak to her today.
