Sections 264.1 to 269 of the Criminal Code
What is an Assault ?
If a person uses or attempts to use force against another person who has not consented, they could be charged with assault under the Criminal Code. The penalty will be different depending on the severity of the person’s injury and the circumstances. For example, an assault committed with a weapon will result in a harsher sentence than an assault coming from a slap or a punch.
Section 265 of Criminal Code
An assault is defined as simple when the victim has no mark on their body.
If you are convicted of a simple assault, you could face up to 5 years in prison.
Assault with a Weapon or Causing Bodily Harm
Section 276 of the Criminal Code
There is also another category of assault, which is called assault with a weapon or assault causing bodily harm.
It should also be noted that any object could be considered a weapon.
It must also be understood that a bodily injury can be a minor injury and of a very short duration. However, this injury must be detrimental to the well being of the victim. For example, having a broken leg will be considered a lesion. If you are convicted of such an offense, you could face up to a maximum of 10 years of imprisonment.
Section 268 of the Criminal Code
There is also the aggravated assault. To qualify as such, the victim must have suffered injuries that have mutilated, disfigured or endangered his/her life. The injuries of the victim will be very serious.
If you are found guilty of this offense, you could face up to a maximum of 14 years in prison.
Defense against a Charge of Assault
Our lawyers have the expertise to advise you on the best options to take on your case.
Different defenses may apply depending on your case in order to obtain an acquittal. Our clients at MC2 Lawyers Inc. have the advantage of being able to achieve the desired results during the negotiations, such as an absolute discharge if the conditions permit.
Call us at 514-990-3430 to receive enlightening advice about your situation.