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Different Types of Assault Charges in Canada

ICBC Lawyer Kelowna > Assault Charges  > Different Types of Assault Charges in Canada

Different Types of Assault Charges in Canada

Different Types of Assault Charges in Canada

Canada is where laws and regulations for criminal offences are very much strict and hard. Assault is always a criminal offence. It is never tolerable at all. Convicts must be punished harshly so that others never dare to commit it again.

Through their punishments, the victims get justice for their loss. Different types of assault have different charges in Canadian assault Law. So here in this article we are going to provide a deep down idea about different types of assault charges in Canada.

What is an Assault?

An assault is considered to be a criminal or felonious offence resulting in dangerous consequences. According to the Criminal Code, a person is pondered to commit an assault while doing the following things:

  • Forcing a person for money or other things without his consent
  • Threatening someone or attempts to threaten for fulfilling own demands
  • Using weapons or imitations openly to harm others for desired things

The fact is that even if the force or threat is minimal, it will be considered as an assault. Once you are charged with an assault, you have to face serious consequences.

Common assault charges in Canada

There are different types of criminal assaults in Canada. Such as,

  • Simple Assault
  • Aggravated Assault
  • Sexual Assault
  • Assault Causing Bodily Harm
  • Assault with weapon
  • Assaulting a Police Officer

All these types of assaults are considered to be heinous crimes. Charges of these assaults are also very much dangerous and devastating. Either the assault is severe or straightforward, it always deserves harsh punishments. If the criminal gets proper punishment, he would not have that dare to do it again. But if he does not get the punishment, they will presume for more crimes.

Victims also have the right to get legal justice for their losses. Their lives fall in risk due to the assaults. People even fear to move freely. Canadian law assures people’s protection as an active citizen. So it is their right to get their justice through the charges of the criminals.

Types of assault charges

According to Canadian law, different assaults deserve different charges. The highly harmful assault deserves more severe punishments. Assaults causing less harm meet light punishments. But whatever the types of assaults, it always results in devastating consequences. Canadian charges for various kinds of assaults are as follows:

Simple Assault

Simple assault is one of the most common and basic types of Canadian assault charges. No weapon is used normally in this simple assault. The victim can file your complaint within two days only, and the prosecution happens within two days.

Simple assault does not need any court filing or any jury board. Only the judge alone can decide on giving punishment to the criminal. Often no jail sentence is given. The convicted might have to give some amounts as compensation for his assault. More serious assaults have to meet severe punishments.

Aggravated Assault

Aggravated assault is more dangerous than simple assault. Charges are also severe. Aggravated assault can cause severe injuries to the victim or even death. So, it is too frightening for any person. As the crime is heinous, its consequence is also life-altering. The convict is normally sentenced with imprisonment up to 14 years.

Sexual Assault

Sexual assault is one of the most heinous crimes. Women generally get victimized of this assault. This assault has classifications based on the seriousness of the crime. It can happen through using weapon or threats. The convict might assault the victim sexually by threatening him or her with a weapon.

The charge for this type of assault might be jail time for 18 months to 10 years at least. This is considered both an indictable and straightforward crime depending on the situation. Another classification, which is the most serious, is aggravated sexual assault.

It causes dangerous consequences. The victim might lose his or her life in this heinous assault. A weapon can be used or can not be used in this assault. Aggravated sexual assault ends up with a lifetime sentence even. But the minimum punishment is imprisonment for at least four years.

Assault Causing Bodily Harm

Any assault that results in bodily injury is worth of severe punishment. Bodily harm might happen in committing any kind of assaults – simple or aggravated. The victim can file a complaint about his physical injury. It is an indictable criminal offence and the convict might be punished for 18 months of imprisonment.

If the injury is more severe, punishment can be enhanced up to 10 years. Even the victim can claim compensation for his bodily injury. The court will fix an amount of compensation based on the seriousness of a victim’s injury. The convict is legally bound to pay this compensation.

Assault with Weapon

Using a weapon is always considered to be a criminal offence. Moreover, an assault committing with a weapon is also thought to be a severe and indictable crime. Through using a weapon, the convict can cause serious harm to the victim.

Even he can take away a victim’s life which turns out to be a murder. This is too dangerous to think even. According to the criminal law of Canada, the convict can be charged with more than 14 years of imprisonment. If it becomes a murder case, convict might be sentenced to death.

Assaulting a Police Officer

A police officer is himself a server of law. Assaulting a police officer is highly dangerous. Normal assault of a human becomes a crime worthy of punishment typically. Assaulting a police officer also falls under this same charge. But it is risky. Because police officers know the laws and regulations very acutely. He might make the convict meet with more complicated cases if he wants. Legal procedures have many acute corners which are impossible to understand for a general person. The convict might fall in this kind of problems. So the charges for assaulting a police officer is not so normal.

Conclusion

Assaults are serious criminal offences. No matter it is simple or aggravated, it is always avoidable and worthy of punishment. Canadian laws for criminal assaults are very strict. If you face any problems with such assaults, you can take help from the law.