A Complete Guide to Assault Criminal Code in Canada

A Complete Guide to Assault Criminal Code in Canada

The world has become a hub for crime and criminal activities. Over the last few decades, the number of terrorisms, racism, drug trafficking, murder, rape, and many other forms of hideous crimes has been rising.

The situation in Canada is not very different. The country has been experiencing a rise in numerous criminal cases. It has, in turn, resulted in several organizational crimes to originate within the country. In Canada, law and order have been fighting to minimize crime as per the assault criminal code.

The justice system of Canada requires its citizens to come forward and fight crime side by side. As a result, here is a complete guide to the assault criminal code in Canada to date about the criminal acts.

A Brief Definition of Criminal Assault in Canada

Assault means to apply force or threat, someone, with force intentionally. The term “consent” comes here more often. If there is no consent from the other side, one can even commit a crime without touching the other party.

There are 03 ways to commit a crime. The first is to do something by applying force without the consent of the other person. Second, comes threatening someone to do an extent that the person thinks that the criminal is capable of carrying the threat. And lastly, threatening someone using a weapon.

Section 266 of the criminal assault code indicates that any person who commits a crime is indictable to either imprisonment of 5 years or other forms of punishment. You can find the definition of criminal assault in section 265 of the code.

Moreover, the section ensures proper punishment of the criminal without discriminating against domestic and non-domestic criminal acts. However, if there is evidence that the criminal has abused the spouse, section 782.2 (a)(ii) considers this to be an aggravating crime factor.

The criminal code allows the defendant to defend themselves through self-defense, defense of property, or any other form. The common law of Canada enables criminals to fight mutually unless bodily harm is visible. Furthermore, the punishments of criminal acts depend on the type of assault the person is charged with.

Criminal Code of Canada Assault Types of Description

Criminal assault is always prohibited in Canada, be it provoked or intentional. If you have been involved in any small or big assault in Canada, you will undoubtedly face a lot of court charges. Therefore, it is essential to know what types of assaults exist in the justice system of Canada. We have divided the criminal world into 05 distinct types of assaults.

Simple assault

It is the most rudimentary level of assault. Any citizen can claim a regular bar fight as the perfect example of simple assault. That is the kind of assault where there is no usage of any type of weapon. Moreover, any injuries sustained by any party involved in the assault are incredibly minor.

Assault using a weapon

Like the name, this kind of assault involves someone using any kind of weapon capable of hurting another person. Section 267 (a) defines this as a severe type of criminal case, leading to another person’s death. In most cases, the law agencies find criminals guilty of carrying a weapon that has no license.

Assault causing bodily harm

Regardless the offender carried a weapon or not, and if an assault leads to severe physical injuries, it is called assault, causing bodily harm. The type of punishments, conviction, and charges differs depending on the severity of the injury.

Aggravated assault

An aggravated assault is considered when a person severely wounds, disfigures, or endangers another person’s life. In most cases, this leads to a permanent impairment of any parts of the body. It is almost close to homicide cases; thus, aggravated assaults have been declared the most severe and violent criminal act in Canada.

Sexual assault

Another hideous form of criminal activity is sexual assault. In recent times, this crime has gotten extraordinarily severe and violent. Sodomy, molestation, rape, and other forms of non-consensual sexual acts are considered sexual assault. Although punishment is similar to other assaults, sexual assault has gained immense hatred all over the world.

Punishment for Different Criminal Assault Acts in Canada

Depending on the severity of the crime, the punishment charges vary. However, the Canadian justice system focuses on ensuring proper hearing and punishment for each individual regardless of gender, race, ethnicity, social status, or religion.

Assault causing bodily harm

The prosecutor is responsible for proving a person’s injuries that they have been a result of bodily harm from assault. The defense lawyer uses the medical records and consults with expert doctors to verify the injuries. Eventually, it leads to either indictable or summary punishment. Under indictment, the defendant has sentenced to a maximum of 10 years of imprisonment. On the other hand, a summary provides a maximum of 18 months of punishment with a $5000 fine.

Assault using a weapon

Since the government and respective agencies consider these crimes as one of the most serious crime levels, the charge brings against a defendant and they measure it strictly. However, the punishment is still as same as the previous type of assault. If proved under indictment, the criminal serves a maximum of 10 years of imprisonment. If the authority, processes the case as a summary, the defendant received 18 months of imprisonment with a $5000 fine.

Aggravated assault

Being the most serious type of crime, the punishment for this type of assault is much more severe than the others. First of all, you can always approach it as an indictable offense. That means that the convicted will definitely serve jail time if proven guilty. The maximum imprisonment is 14 years in an aggravated assault.

Sexual assault

Finally, you can bring charges for sexual assaults under different scenarios. If the legal authority brings the defendant under an indictable offense, he or she will serve a maximum of 10 years in jail. Such an indictment increases if the accused person assaults a minor who is less than 16 years old. In this case, the convicted will serve 01-year as a minimum penalty and 14 years as maximum imprisonment.

In summary, the minimum jail time is 14 months. However, if someone does crime with a minor, the person will serve from a minimum of 6 months to 2years of jail time. In another scenario, if any some sexually assault someone with a firearm, the punishment is at least 05 years of jail time. In addition to that, the time may increase up to a maximum of 14 years. Last but not least, if someone sexually assaults a minor with a firearm, the person will get lifetime imprisonment as a punishment.

Conclusion

The criminal world is expanding every day. As a result, more people are diverting to assaults. The guide to assault criminal code in Canada can work as a place to gain knowledge and know what kind of punishments you may face if you are involved with such hideous acts. Everyone should work together to stop crime and criminals.

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