Assault

Assault 2015-06-10T09:00:19+00:00

Assault

Brad Smith is an experienced Vancouver & Kamloops criminal defence lawyer who defends people charged with Assault.

The Criminal Code creates a number of Assault offences. If you are convicted of one of the more serious forms of Assault there is a good chance you will receive a jail sentence. A criminal record for an Assault offence will negatively affect your life in many ways.

Click on the links below to find out more about Assault offences.

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  • Criminal Code, sections 265 and 266

265. (1) A person commits assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

 

266. Every one who commits an assault is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

  • Hybrid Offence (prosecutor can prosecute by indictment or summarily)
  • Maximum Sentence
    • 5 years, if prosecuted by indictment
    • 6 months or $5,000 fine, or both, if prosecuted summarily
  • Minimum Sentence
    • none
  • Discharge (no criminal record)
    • available
  • Conditional Sentence (jail in the community)
    • available

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  • Criminal Code, section 267

267. Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Hybrid Offence (prosecutor can prosecute by indictment or summarily)
  • Maximum Sentence
    • 10 years, if prosecuted by indictment
    • 18 months, if prosecuted summarily
  • Minimum Sentence
    • none
  • Discharge (no criminal record)
    • available
  • Conditional Sentence (jail in the community)
    • not available if prosecuted by indictment
    • available if prosecuted summarily

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  • Criminal Code, section 268

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Indictable
  • Maximum Sentence
    • 14 years
  • Minimum Sentence
    • none
  • Discharge (no criminal record)
    • not available
  • Conditional Sentence (jail in the community)
    • not available

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In the Canadian criminal justice system, the accused has a constitutional right to be presumed innocent until proven guilty. This right is guaranteed in the Canadian Charter of Rights and Freedoms. What this means is that the prosecution has to prove every element of an Assault charge. The accused does not have to prove anything. All of the admissible evidence taken together must satisfy a judge or a jury that the offence of Assault has been proven beyond a reasonable doubt. If the prosecution is successful the accused will be found “guilty” and be convicted. If the prosecution fails to prove the accused committed the offence of Assault he or she will be found “not guilty” and acquitted of the charge.