In Canada there are different levels of assault outlined in the criminal code. It can be difficult to differentiate between assault and aggravated assault. However, there are many notable differences. The first kind of assault is usually referred to “simple” or “common” assault. The second is aggravated assault which is considered to be a more serious offence.
Assault
Assault is outlined in Section 265(1) of the Criminal Code of Canada. An individual commits assault when they:
- Intentionally apply force to someone without consent
- Threaten or attempt to apply force
- Openly wear or carry a weapon and while doing so “accosts or impedes another person or begs”
Assault is a hybrid offence also known as a crown electable. This means that the Crown gets to choose whether they proceed by way of summary or by way of indictment. Certain factors are taken into consideration which can include past criminal record, and the level of violence involved.
If the crown proceeds by way of summary, the maximum penalty is 2 years imprisonment, and it is possible to be fined up to $5000. However, if the Crown proceeds by way of indictment, the maximum penalty is 5 years imprisonment. There is no minimum penalty for either summary or indictable assault charges.
Aggravated Assault
Aggravated assault is a more serious charge and can result in a longer sentence. Unlike assault, aggravated assault is not a crown electable, it is an indictable offence. The definition and penalties can be seen in Section 268 (1) in the Criminal Code of Canada. Anyone can commit aggravated assault if they wound, maim, disfigure or endanger the life of another person. Aggravated assault applies when there is very serious injury to the victim. There is no minimum penalty for aggravated assault, however, there is a maximum penalty of 14 years imprisonment.
If you need assistance with an assault charge, contact our office today at (905) 541-2228 or fill out a form to schedule a consultation. Let us help protect your rights and provide expert guidance through this challenging time.