Aggravated Assault is the most serious form of Criminal Assault in Canada. It is more serious than simple assault, assault causing bodily harm,or assault with a weapon. A conviction for Aggravated Assault can result in a long jail sentence.
What is Aggravated Assault?
Aggravated Assault under section 268 of the Criminal Code of Canada involves wounding, maiming or disfiguring the complainant or endangering his or her life. The key conceptual distinction between Aggravated Assault and other forms of assault is that it requires the consequences of the assault to be considered. If one person strikes another, and leaves them wounded, maimed or disfigured, or the attack endangers the person’s life, they may be convicted of aggravated assault.
In law, for a person to be considered wounded, their skin must be broken in some way. To maim someone means to injure them to such an extent that they are no longer able to fight back. Disfigurement is determined by reference to the longevity of the injury that occurs, and amounts to something beyond a temporary effect on the victim’s figure or appearance. Endangerment of life occurs when the actions of the perpetrator pose a significant risk to the victim’s life.
How much jail time do you get for aggravated assault in Canada?
The sentence for Aggravated Assault is up to 14 years imprisonment in Canada.
How Can DUVADIE Law Defend against an Aggravated Assault Charge?
Some ways that DUVADIE Law may defend your charge of Aggravated Assault include:
- questioning any witnesses’ ability to identify you as the person who committed the offence;
- arguing that the harm was not severe and thus the lesser charge of Assault or Assault Causing Bodily Harm would be more appropriate; or
- arguing that one of the common defences available in criminal law is applicable to your factual circumstances. For example, you may have been acting in self-defence, or attempting to defend another person and/or property.
If you are facing an Aggravated Assault charge, please call DUVADIE Law at 613-422-1155 or Toll-Free at 1-855-422-1155 to set up your free 30-minute consultation.
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