Aggravated Assault in Canada is one of the most serious kinds of assault cases that legal authorities face often. However, this particular kind of assault has a different criminal code for the accused and victim. Our goal is to let you know about it, so you can use this knowledge properly whenever you need it.
There is no act of violence that should be considered normal or simple. Even simple cases can lead to some serious consequences. In some cases, simple things also can be so complicated. In the Canadian law of justice, they would never tolerate violence.
Generally, the level or degree of violence can differ from situation to situation because all cases or situations are unique from others. So the level or degree of penalties or charges also varies depending upon the situation or the circumstances.
But do you ever wonder how do they work in different cases? Today we are going to look at all the Aggravated assaults in Canada and their Charges, Cases, and Penalties. So keep reading.
What is Aggravated Assault?
Before understanding aggravated assault, we have to understand what is the charges of an assault. According to the Canadian criminal law of justice, assault is considered a very serious criminal act. The consequences also can lead a person to a very serious criminal record.
In general, assault in Canada mean if someone intentionally or unintentionally applies force without the other person’s consent. Then it would be considered assault. The charges or the penalties can be different depending on the situation. Sometimes, injuries or harm can happen, sometimes not.
On the contrary, aggravated assault definition in Canada is more serious. When an assault causes severe damages or injuries to the victim, then it would be considered aggravated assault. In some cases, weapons or arms also can be involved in such cases (e.g., gun, knife, etc.). An aggravated assault in Canada is committed when the assault “wounds, maims, disfigures, or harms the defendant’s life.”
Aggravated Assault Requires the Following Elements
Aggravated Assault requires:
- The use of force with intent – any assault must be done with intent.
- Directly or indirectly – it can be used directly or indirectly through another means.
- To a Person – the intended receiver must be a person; it cannot be done by accident.
- Without Permission – a person may agree to a fight or common assault but not to aggravated force, and such force must either hurt, maim, disfigure, or risk the life of another.
Aggravated Assault Cases in Canada
Aggravated assault cases are also known as most several or serious criminal cases in Canada. Because according to the Canadian criminal code of justice, the charges, punishment, or penalties for these kinds of violence is really serious. Especially, regions like Canada, UK, and the USA, take these kinds of assault cases very seriously.
Even though aggravated assault cases have some degree or level of seriousness, the punishment of the penalties also depends on those degrees. But when someone is convicted as an aggravated assaulter or offender, then he or she has to go through a lot of legal and court processing.
Point to be noted here, assault and aggravate assault cases are not the same. The penalties for aggravated assault cases are more serious than regular assault cases. And in Canada, the minimum sentence for aggravated assault is four-year of imprisonment. Aggravated assault cases can be several as follow:
Aggravated Assault
When an assault is involved with a serious criminal offence with a weapon or knife that causes the victim life-long serious injuries, then it is called the typical aggravated assault. Sometimes, these kinds of assaults also can cause life threats or death to the victim. That is why it is always treated as an indictable offence.
Aggravated Sexual Assault
When a forcefully or non-consensual physical intimacy takes place with some criminal violence, then it is known as aggravated sexual assault. Like aggravated assault, these types of assault are also very serious in the eyes of the Canadian court of justice. The sentence for aggravated sexual assault can be 2 years to 10 years’ imprisonment.
Aggravated Sexual Assault with a Weapon
When any non-consensual sex or sexual assault is involved with any kind of weapon, then It would be considered more seriously than the typical sexual assault. The sentence also can be increased because of using the weapons.
Aggravated Assault Sentence in Canada
Aggravated assault in Canada is a very serious kind of criminal offence. No matter what is the level or degree of the assault. If someone is convicted as an aggravated assaulter, then he or she must have to go through some punishment or penalties.
Again, all cases are different than other cases. That is why the level of punishment and charges also vary depending on the seriousness of the crime. When the victim is heavily injured or goes at life risk, then the punishment would be the maximum. Below are given some common penalties for aggravated assaults cases.
Minimum Sentence for Aggravated Assault in Canada
The aggravated assault has a maximum sentence of fourteen (14) years in prison. This offence has no mandatory minimum sentence.
Lifelong Imprisonment
This is the most common punishment or penalty for the aggravated offender. If someone is found guilty in this regard, then they have to deal with a significant long term of imprisonment. In most cases, the long term means lifelong imprisonment.
Usually, imprisonment depends on the degree of harm that you have done to the victim. If the victim goes through any permanent disability or if the harm causes death to the victim. Then the imprisonment would be the maximum without a doubt.
Displayed on Government Record
When a person is convicted as an aggravated offender, that person may need to go through a period of prison time. When they end up with that prison time, their offence history may appear in the government’s permanent criminal record.
Generally, these kinds of criminal records cannot be cleared or removed. So, this permanent criminal record will directly or indirectly leave a scar in your personal and social life.
Significant Fines
This is also a very common penalty for these kinds of assaults when your criminal activities involve some kinds of damages or injuries to the victim. Then the victim must go through some kinds of difficulties. In that case, the victim may file for compensation to the court.
In such cases, the court may charge you a significant amount of money. The reasons can be possibly two, first is the compensation of the damages or harm that you caused to the other person. The two are the penalties for your action.
Loss of the Authority of Possessing Weapon
If someone is found guilty in an aggravated assault case, then the court will seize their weapon. And then they may lose the right or authority of possessing the weapon forever. Sometimes, this issue can be more serious when you are concerned with your security or safety.
Compensation to The Victim
When a person is found guilty in an aggravated case, then the court will charge some fines for their action. On the other hand, they will be forced to pay compensation for the damages that they caused. Sometimes, when the victim appeals for compensation, the fines can be increased significantly.
Learn More: Assault with a Weapon [Criminal Code & Punishment]
How Much Jail Time Do You Get for Aggravated Assault in Canada?
In Canada, aggravated assault is always considered a serious criminal offence. And it may treat as an indictable offence. The punishment or the penalty will depend on the seriousness or the degree of the offence. If it causes any serious harm to the victim or if there was any involvement of a firearm.
Then the jail time would be the maximum. Generally, in Canada, the minimum jail time for aggravated assault is 16 months. On the other hand, it can be up to 14 years or lifelong imprisonment according to the aggravated assault criminal code in Canada.
The Difference Between Aggravated Assault and Assault Causing Bodily Harm
The severity of the injuries is the main distinction between a charge of aggravated assault and a charge of causing bodily harm.
Any assault that causes another person bodily harm falls under the first category. A bodily harm assault has been found to have occurred if there were cuts or facial scars, among other injuries.
A direct indictable offence is a sexual assault that results in bodily harm, as defined under section 272 of the Code. This means that the court will argue during sentencing that longer sentences, such as a lengthy prison sentence, are necessary. Anyone who, while participating in sexual assault, also injures the victim physically is charged with this crime.
The most serious kind of assault is aggravated assault, which carries the possibility of significant jail sentences.
Aggravated assault is defined in Section 268 of the Criminal Code as an assault that results in the accuser being hurt, damaged, or disabled or putting her or his life in danger.
The severity of the injuries sustained as a result of the attack is what separates aggravated assault from other forms of assault. A person may be charged with and found guilty of aggravated assault if they strike another person and leave the victim with serious physical harm, such as permanent damage or permanent injury, or if the victim’s life is in danger.
What is the Difference Between Assault and Aggravated Assault in Canada?
There is some difference between simple assault and aggravated assault in Canada. Simple assault is just the basic type of assault that may cause some bodily harm or injuries to the victim. And the punishment also can be ended up with simple fines or a few months of imprisonment.
On the contrary, aggravated assault is far more serious than simple assault. This assault may involve serious bodily harm with the involvement of firearms or weapons. The punishment is also very severe than the simple assault.
What are the Three Levels of Assault in Canada?
In Canada, there are usually three levels of assault. The penalties or charges also depend on these levels of assault. The more serious the assault is, the more severe the punishments are. So below are explained these three levels of assaults:
1. Simple Assault
This usually refers to a criminal action or attack without any involvement of weapons.
2. Assault with Bodily Injury
This also can be similar to simple assault. But here, the victim gets bodily harm or injuries resulting from this assault.
3. Aggravated Assault
This is most serious than all of these three. In this assault, there is not only firearm or weapons involved, but also there are some kinds of bodily injures or harm to the victim.
FAQ: Aggravated Assault in Canada
In this section, we will answer the most frequently asked queries from different people globally. However, during handling different criminal cases we get questions from our clients. So, instead of answering them individually, we thought it would be better if we could place them on a page. It will help people get all those questions and answers in a single place. Go through the page and get your answer now.
What is An Example of Aggravated Assault?
A proper example of Aggravated Assault may look like this, striking directly or threatening to do so with any weapon like deadly or semi-deadly, or a dangerous object and straight-shooting a person with a gun or threatening any person to kill pointing a gun at the victim. From both of these situations, if it ends up broken bones or a serious injury that can change the victim dangerously would be called an aggravated assault.
Will I Go To Jail for First Time Assault Canada?
No, it is not always right that assault will end with jail time. However, first-time offenders may not often end up with a jail time sentence. Other than that, you may be sentenced to up to five years imprisonment if you are charged with aggravated assault.
What is the Minimum Sentence for Aggravated Assault in Canada?
Sentence for aggravated assault depends on some specific facts. If an offender uses any prohibited or restricted weapon or gun during the assault, the minimum sentence is five years. For any type of sexual assault, the minimum sentence is the same in Canada. If any registered or other firearm is used to conduct the assault, the judge can sentence the assaulter from 04 years of prison time. Additionally, if the victim is under 16 years old, the sentence or penalty will be a minimum of five years in jail.
Is Pushing Someone Assault Canada?
Assault can be taken place differently. It can be a civil assault or a criminal offence. Pushing falls under civil assault. It will be recognized as an assault if any person intentionally pushes directly or indirectly without consent from another person. Not only pushing, this type of assault includes punching, slapping, spitting, or kicking also.
Can Police Press Aggravated Assault Charges Without Victims Consent in Canada?
If we want to answer then it will be, No, Police cannot press charges without victim's consent in Canada. Now, if you want to know it more elaborately, it may explain like this. In Canada, the police may lay the charges if they find any assault. It happens with the most cases, because they have some discreation pressing the charge. It may happen from the police as to whether or not, the police will press/lay charges to the assaulter. Victim's consent will come later.
The Bottom Line
Each and every assault is serious from the eyes of the Canadian criminal code of justice. The punishment determines depending on the seriousness of the action or harm. But when someone is convicted or found guilty in this manner, then imprisonment is a common type of punishment for these kinds of assaults.
In some cases, when someone ends up with prison time, then their name is shown in the permanent criminal record. If you need to learn more in this regard, then you can seek help from any professional criminal justice law firm. Hopefully, this writing helped you to know about the charges or punishment of Aggravated Assault in Canada.
