Assault is the application or threat of intentional force to another individual without the consent of said individual. Assault can fall under a number of different categories: simple assault, assault causing bodily harm, assault with a weapon, aggravated assault, sexual assault, sexual assault with a weapon/threats/bodily harm, aggravated sexual assault or assaulting a police officer. One of the more serious violations of the Criminal Code, assault is a criminal act that carries with it a high probability of going to trial. Even where injury does not occur, an assault charge can be laid based on an attempt to apply force, a threat or a gesture intended to inflict harm.

Penalties for Assault

The penalty for an assault conviction varies depending on whether it proceeds through court as a summary or indictable offense as well as the type of assault committed. While the maximum penalty for a simple assault is five years in prison, aggravated assault can mean up to fourteen years in prison. It will also result in a criminal record and, if the assault is sexual in nature, may lead to registration on the Sexual Offenders Information Registry (SOIRA).

Do I have a defense?

It is within reason and, more importantly, within Canadian law, to act to defend yourself from the actions of another person. Canadian law dictates that if illegal force is being used or threatened against you, you have the personal right to defend yourself from such actions. It is also possible that the individual laying the assault charge consented to the assault through their own engagement.

If you have been charged with assault, you need a knowledgeable professional to navigate the truth behind your actions and present them to the court in a way that demonstrates that you were acting reasonably and within your rights. Vishal Sharma is that professional. Call Vishal to book your consultation now and avoid any chance that a criminal record will affect your future opportunities.