Why are there so many different types of assault charges such as assault causing bodily harm, assault with a weapon, and aggravated assault?
By: Hershberglaw
Date: August 31, 2022
Assault Causing Bodily Harm
Bodily harm is an assault that causes a bodily injury that is not trifling in nature but it does interfere in some way with the injured party’s health or comfort. The Crown must prove that the accused individual objectively foresaw the bodily harm or other consequences of the assault.
Potential Penalty:
i) If the Crown proceeds by way of Indictment, the maximum jail sentence allowed is 10 years.
ii) If the Crown proceeds by way of a summary conviction, the maximum jail sentence is 18 months.
Aggravated Assault
For an assault to fall under this definition, the injury sustained must have wounded, maimed, disfigured, or endangered the life of the assaulted individual. The Crown must prove that the accused individual objectively foresaw the bodily harm or other consequences of the assault.
Potential Penalty:
i) The Crown can on proceed by way of Indictment and the maximum jail sentence allowed is 14 years.
Assault with a Weapon
If a weapon is used (such as a knife, stick, pipe, bat) to assist in an assault, a person can be charged with assault with a weapon. It does not matter if the weapon used is trifling in nature (for example a pillow). What is required is an application of force using the item as a weapon to further the assault.
Potential Penalty:
i) If the Crown proceeds by way of Indictment, the maximum jail sentence allowed is 10 years.
ii) If the Crown proceeds by way of a summary conviction, the maximum jail sentence is 18 months.
Sexual Assault
Sexual assault is an assault of a sexual nature which is committed in a way that the sexual integrity of the victim is violated without the consent of the individual. Being convicted of a sexual assault can permanently impact the life of the person charged. Sexual assault is defined in Section 265(2) of the Criminal Code of Canada. The difference between sexual assault and non-sexual assault is relevant is in relation to the accused individual’s mindset at the time of the alleged sexual assault. Being reckless alone is not enough to constitute a sexual assault.
Potential Penalty:
i) If the Crown proceeds by way of Indictment, the maximum jail sentence allowed is 10 years.
ii) If the Crown proceeds by way of a summary conviction, the maximum jail sentence is 18 months.
