An assault conviction is a serious criminal violation with substantial repercussions, especially for accused minors. Being accused of assault can be frightening and have possibly negative long-term impacts.
Yet that doesn’t justify the act.
Regardless of the offender’s age, violent behaviour is strongly prohibited under the law in Canada. In Canada, allegations of violence against a kid are considered serious, and the punishments can be severe.
So, you must know about assault accusations, potential defences, and the legal process of handling such charges. In the following discussion, we have that all for you.
Let’s dive into the oasis for information.
What is Assault for a Minor?
In almost every province and territory, the legal age of adulthood is between 18 and 19 years old, which means anyone under this age group is a minor. If you cause any physical or psychological harm to anyone who falls under this minor category, it will be considered an assault for the minor.
It includes different types of problematic behaviours – physical assaults, threats, and physical contact that can put a minor in danger or makes them afraid. In such situations, the punishment for the assaulter will depend on the severity of the act and the intention behind the conduct.
How Does the Age of an Offender Matter When it Comes to Assault?
Criminal Responsibility
Your age will decide whether you will be accountable for your criminal actions. The legal drinking age in Canada is between the ages of 12 and 18; it varies according to different areas and territories of Canada. If you are younger than mature, you will be found not guilty and directed to the juvenile court system.
Youth Criminal Justice System
The juvenile justice system functions under the guiding principles of responsibility, reintegration, and rehabilitation. They take over the case where minors are engaged in assault cases. The system offers help, counselling, and education while addressing the underlying causes of your actions.
Diversion Programs
The juvenile court system will focus on your diversion programs if you are a young offender. These initiatives will allow you to engage in community-based treatments or restorative justice procedures as an alternative to the modern court process. Working on your offence, promoting understanding, and treating the underlying reasons for the assault – are the key targets of these diversion programs.
Read more, The Classification of Offences in Canada and the United States
Sentencing and Consequences
If you are found guilty of assault as a minor, the sentencing and consequences will differ from adult offenders. Instead of using punishment, rehabilitation is the main goal here. This legal system offers you all the support and intervention, ensures a better position in society, and puts an end to further criminal activities.
Privacy and Publication Bans
Canadian law prohibits the disclosure of your identities as minor offenders to protect your right to privacy. They also hope to protect your chances to grow in the future and reduce the chances of any discrimination you could experience for your past crime.
What are the Factors Considered in Assault Charges for a Minor in Canada?
Here are some factors that are commonly considered:
Age
If you are a minor, your age will be an important consideration. Depending on whether the juvenile is closer to the range of age at which you can be considered a criminal, they will follow different strategies to handle the problem. If you are a young juvenile, you will be treated more leniently and mainly focus on your recovery from the stage.
The Severity of the Assault
The assault’s seriousness and the damage it caused are two Important factors to consider. The accusations and potential punishments will depend on the severity of the injuries, the use of weapons, premeditation, and the amount of violence involved.
Intent and Motive
The assault’s purpose and motifs are checked to prove the offence – Was it a planned or spontaneous attack? It is important to find out the right charges so that they can take proper legal steps.
Criminal History
If you are a minor and have any previous criminal history, the court will consider that. Any record of previous offences or a history of aggressive behaviour can impact the charges and how rehabilitation and sentence are required in your case.
Impact on the Victim
The court will consider how much your actions have affected the victim’s physical and mental health. Any long-term effects, trauma, or psychological suffering from the attack are important factors to check. These effects will fix the level of punishment.
Rehabilitation and Intervention Needs
An important aspect to consider is your capacity for rehabilitation and addressing the underlying causes of your behaviour. In Canada, the legal system tries to give minors all the required help, resources and treatment they need to improve their behaviour, become pro-social, and stay out of any illegal activities in future.
What are the Defences in Assault Charges for a Minor in Canada?
Here are some common defences that can be raised in assault cases.
Self-defence
You can claim that If you felt you were in immediate danger of being harmed, you used reasonable force to protect yourself as an act of self-defence. But you must prove that the force you used was fair to the threat you faced.
Consent
You can claim the victim agreed to the physical contact or behaviour that created this assault accusation. However, you can use it under only a few circumstances, especially when it comes to situations involving children; therefore, you must be well aware of this.
Mistaken Identity
You can also use the defence of mistaken identification if you can prove that you were not the attacker. You need to show proof that you were somewhere else or had an excuse at the time of the occurrence.
Lack of Intent
Assault charges need proof that you intentionally harmed someone or acted recklessly. If you prove the alleged assault was accidental or unintentional, you can raise a defence based on lack of intent.
Mental State
You can claim any mental problems and get rid of the charges. If your assault lawyer can prove that you don’t have the mental capacity or understanding of the intention required for the assault, it can save you from the charges.
Intoxication
The defence of intoxication can be helpful, but it will depend on the case’s specifics. Except in certain situations where you can use it to counter the claim of the offence, voluntary intoxication will not be considered a defence.
To Conclude
In Canada, navigating the complexity of assault charges for a minor is very important to have a fine balance between knowing the seriousness of the conduct and considering the particular needs and circumstances. If you can manage the situation with empathy and knowledge, you can work toward a just and fair resolution and give young people the support they need to grow and forge a positive future. It will ensure the development of a society that protects it while giving minors opportunities for growth, atonement, and a better future.
