In Canada, any kind of assault is considered a serious crime. This alone carries the power to take away a person’s sanity and the balance of mental and physical health, especially when it is an aggravated assault.
So, what exactly is an aggravated assault in Canada?
And what are the penalties for the accused?
Well, some specific signs are recognized as aggravated assault. In Canada, any assaulter must have serious consequences, let alone this one. This article will help you understand the definitions and punishments for aggravated assault in Canadian law.
What is Aggravated Assault in Canada?
If your injuries are severe enough to threaten your life or maim, disfigure, or injure you, it will be considered an aggravated assault. These injuries differentiate an aggravated assault from other types of assault. You may face both little and severe bodily harm when you experience such assaults. Such assaults include wounds like::
- A broken jaw,
- A broken orbital bone,
- A broken nose.
- Any significant breakage
- Cut in the skin.
Wounding
A wound is when a person’s skin is cut and bleeding that needs medical attention. Small cuts and scrapes do not cause any serious assault. But when it requires serious medical attention and sometimes has an irreversible condition, it falls under aggravated assault.
Maiming
According to some criminal law, maiming is the legal term for damage that is so severe it can make you incapable of functioning or less able to defend yourself. It can include wounds like shattered bones, visual loss, loss of mobility, and similar others.
Disfigurement
Criminal courts use this term to describe injuries that hamper more than just temporary wounds. Sometimes it can just be a simple bruise, but sometimes it may require a change in your appearance. You may lose an arm, leg, or hand, or they can become permanently disabled, leaving lifelong scars.
How to Prove Aggravated Assault in Canada?
Your lawyer must show each of the following elements of the offense to prove your aggravated assault in Canada :
- The victim was the target of deliberate use of violence or threats of violence.
- The victim was afraid of their safety or the safety of others because of the violence or threat of violence.
- The accused used a weapon to conduct the crime, or there was a sign that the accused were using a weapon.
Your lawyer must prove all these along with strong proof in front of the court, which are:
- Testimonies from the assault’s eyewitnesses, including the victim.
- Firearms, victim wounds, or crime scene damage all provide tangible proof.
- The severity of the victim’s injuries, as evidenced by medical records or expert testimony.
- Information about the accused’s past actions or remarks that are consistent with the crime’s key features.
- Proof of the accused carrying firearms in their possession or having threatened to use them before or after the incident.
What are the Maximum Penalties for Aggravated Assault in Canada?
Canada punishes the accused with a life sentence as the maximum punishment for aggravated assault. It is considered the perfect one for such an offense and the possible harm it could do to you and the people around you.
But, In most cases, the punishment is less harsh and may have just fines, probation, and a short period of jail. The judge’s evaluation of the offender’s responsibility and the case’s circumstances will determine the final sentence.
Using a weapon, the degree of the victim’s injuries, the offender’s prior criminal history, and the offender’s reason for committing the crime – are all the elements that can influence the punishment.
What are the Defenses Against Aggravated Assault in Canada?
Let’s now discuss the defenses you can use if you are falsely accused of aggravated assault in Canada.
Consent
You can defeat an aggravated assault case if the victim accepts his consent to the action that caused the injury. You can utilize it to prove your innocence in situations where injuries are a risk of contact sports or consensual fights; you can utilize it to prove your innocence.
Mental Illness
You can defend such an accusation if your lawyer proves any mental disorder and your behavior. If the accused is receiving any mental medication, the defendant’s lawyer can use it to argue that they could not recognize what should or shouldn’t be done.
Accidental Injury
When you are accused of serious assault, you can mention that the injury was unintentional and not deliberate. It can be used as a reasonable defense when harm happens due to unintended conduct, such as a slip and fall accident, it can be used as a reasonable defense.
Mistaken Identity
You can use a defense as a mistaken identity. If you prove that you mistook the victim as someone else or as a perpetrator, your penalty can be reduced. If you provide a plausible explanation for the incident, or if there isn’t solid proof connecting the accused to the crime, your punishment can get reduced.
Duress
You can get rid of this acquisition if you prove that you were forced into committing the crime. If you have received a threat of damage or death if you didn’t commit the assault, you can use it as your defense.
Excessive Force
You can create a defense if you can prove to use reasonable force to defend yourself from an unlawful assault. If you have used force proportionate to the threat you faced and acted in self-defense or defense of another person, you can claim this defense.
To conclude
Aggravated assault is a serious offense under Canadian Aggravated Assault Law. Whether you are a victim, a witness, or an accused, you must know the legal definitions, your rights, and the consequences.
Also, you must remember that just punishing such offenders won’t stop these crimes. You must address the underlying causes of violence. Make sure you have a safe and secure society, individuals, communities, and institutions around who can address such offenses and fight them with strong grounds.
FAQs: Aggravated Assault in Canada
What do you do when someone accuses you of something you didn’t do?
You can defend yourself by following the below points.
- Stay calm
- Get a lawyer to help you
- Gather all the necessary evidence
- Question the accuser’s reputation
- Find your witnesses and provide proof to support your version of events.
- Create a plan for criminal defense cases
- Strategize to counter false accusation charges
- Find compensation for false accusations
In Canada, is it possible for a first-time offender to have a 14-year term for serious assault?
Yes, depending on the gravity of the incident, a first-time offender in Canada, an offender can get up to 14 years in jail for aggravated assault.
Is using a weapon grounds for immediate aggravated assault charges?
No, just because someone uses a weapon during an assault does not always qualify them for an aggravated assault charge. The charge will be determined by the damages and the offender’s intention.
What distinguishes attempted murder from aggravated assault?
While attempted murder is attempting to kill another person, aggravated assault only causes physical harm to the victim. Aggravated assault is a less serious crime, while attempted murder carries a harsher punishment.
Can I reduce my aggravated assault charges in Canada?
If the prosecution decides that the evidence isn’t enough to prove such a serious allegation, the court can drop the charges calling it a simple assault. The victim cannot influence the choice; it is all up to the court.