What Happens When You Are Charged With Assault
Assault refers to the application or threat of force against another person without that person’s consent. An example of assault could be where the accused is yelling threats and raising his or her hand but does not actually strike the complainant. However, an assault charge wouldn’t occur if one person accidentally bumped into another person. Under the Criminal Code of Canada, there are varying degrees and types of assault. The assault charge lawyers at Kahane Law Office are able to assist if you or a loved one has been charged with an assault criminal offense.
Different Types Of Assault Charges
There are a number of types of assault charges that people are charged with in Alberta. Examples of the most frequent assault charges include: Domestic Assault, Simple Assault, Aggravated Assault, Assault causing bodily harm, and Assault with a weapon. There are the type of assault offenses that out assault charge lawyers are able to defend and assist clients with.
Domestic Assault Criminal Charges:
A domestic assault charge arises when the complainant (the person alleging the abuse) is a current partner, a former partner, or a family member. A domestic assault charge can result in lengthier, harsher penalties. If you have been charged with domestic assault, you cannot contact the complainant either directly or indirectly. This means that, if you share a home with the complainant, you cannot return to your home until the matter is dealt with in court. You also are not permitted to contact them through any means be it phone, text, social media, or a third party who relays your messages to them. If you return to the residence that you share with the complainant or you contact them, you will be breaching your conditions and more charges will be added. The Crown may permit you to return to your home to collect your belongings in the presence of a police escort.
The Crown may consent to changing the no-contact conditions; however, if there are children involved – this could be more difficult to change. The Crown wants to ensure that the complainant is safe and that the incident will not occur again. If the incident involved alcohol or drugs, it may be wise to seek drug and alcohol counseling. You may also want to enroll yourself in a domestic violence program and or counseling that addresses anger management. The Crown wants to see that you recognize why the incident occurred and that you are actively seeking treatment to ensure it doesn’t occur again.
Simple Assault Criminal Charges / Offences:
Simple assault (s. 266) is a hybrid offence under the Criminal Code of Canada, which means that the Crown Prosecutor could choose to proceed by summary or by indictment based on the circumstances of the offence. If indictment is elected, the maximum penalty for conviction is imprisonment of no more than 5 years. There are several sentencing options available – it depends on the circumstances of the offence and the circumstances of the offender. If the Crown chooses to proceed summarily, some assault charges can be resolved through other means such as the Alternative Measures Program (AMP) or through a common-law Peace Bond.
Aggravated Assault Criminal Charges Offences:
Aggravated assault (s. 268) occurs when the victim is wounded, maimed, disfigured, or their life is endangered. Even if there was a consensual fight (no provocation) between two people, under the law, you cannot consent to bodily harm.
Assault With A Weapon & Assault Causing Bodily Harm Criminal Charges / Offences:
Assault with a weapon and Assault Causing Bodily Harm (s. 267): You can be charged with assault with a weapon if you are carrying a weapon that you’re not authorized to carry in a manner that is contrary to the Firearms Act. Assault with a weapon also occurs when there is a threat made to use the weapon or an imitation of a weapon (For example, a pellet gun). A weapon can be anything that is used, or designed to be used to cause death or injury to a person, or to threaten or intimidate a person. Even if you have no intention to use the weapon, if you are not carrying it in a proper case, the police could charge you with assault with a weapon.
Need Help From Criminal Assault Charge Lawyers?
Book a free consultation in order for our lawyers to go over your disclosure with you and discuss the options and defenses available to you. Contact us if you, or a loved one, find yourself needing assault charge lawyers in Calgary. Call today! We can be reached toll-free at 1-877-225-8817 (or 403-225-8810 locally in Calgary, Alberta), or email us directly here.