Assault charges in Ontario fall under Canada's Criminal Code, ranging from Simple Assault (applying force without consent, up to 5 yrs jail) to more serious forms like Assault with a Weapon/Causing Bodily Harm (up to 10 yrs) and Aggravated Assault (wounding, maiming, life-threatening, up to 14 yrs), with penalties depending on whether the Crown proceeds summarily or by indictment. Key factors are the severity of injury, use of a weapon, and the relationship between parties (like domestic assault).
The types of Assault Charges
Simple Assault (s. 266 Criminal Code): Intentional application of force, or attempt/threat to apply force, without consent.
Assault with a Weapon/Bodily Harm (s. 267): Assault involving a weapon, causing bodily harm, or choking/suffocating.
Aggravated Assault (s. 268): Wounding, maiming, disfiguring, or endangering the life of the complainant.
Sexual Assault (s. 271): Assault of a sexual nature, with different levels and penalties.
Key Legal Aspects of Assault
Hybrid Offence: Many assault charges allow the Crown to choose summary (less severe) or indictable (more severe) prosecution, affecting potential sentences.
Penalties: Vary widely, from discharges/fines for simple assault to significant jail time for aggravated offences, with maximums like 5 years (simple), 10 years (weapon/harm), or 14 years (aggravated).
Domestic Assault: Not a separate charge, but refers to assaults within intimate relationships, often resulting in stricter charges or sentencing considerations.
What Happens
Police investigate, potentially leading to fingerprinting and charges.The Crown decides the charge type (summary/indictable). You may face fingerprinting, court dates, and potential pleas or trial.
Legal Advice
Assault is a serious criminal matter with significant consequences. If charged, immediately consult an experienced criminal defence lawyer in Ontario.
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