Criminal lawyer specializing in assault
Assault is the act of attacking a person without their consent. Assault is a crime that is punishable by imprisonment. There are different types of assault related offenses and different penalties. They are listed in the Criminal Code and the consequences vary according to their gravity and the circumstances of the event.
This type of offense includes both armed robbery, domestic violence, assault on a peace officer and sexual assault. The severity of these act varies depending on the bodily and psychological injuries suffered by the victim. In some cases, the victim may even succumb to his injuries.
If you are arrested and accused of having committed one of the offenses provided for in articles from 265 to 270 of the Criminal Code, do not wait and contact the lawyers at the Centre Légal Fleury as soon as you are arrested!
The sanction to be given to an offender is proportional to the severity of the act, the circumstances of the case and the criminal history of the accused. Consulting with a lawyer is your best ally, who can help you negotiate a reduced sentence, for example.
In the case of a less serious objective crime, the accused may be charged with an offense punishable on summary conviction. In this case, he could be ordered to pay a fine of up to $ 5,000. On the other hand, the consequences of an offense by criminal act are greater and can go as far as imprisonment.
The offense of simple assault is brought against a person when that person apply a force against another individual without consent, by beating, restricting or pushing him. It is also possible that a person may be charged with this crime without being physically touched by the other person. This can happen when the person who assaults the other tries to use force or makes threatening gestures.
This charge has the least impact on both the accused and the victim because it is the one with the lowest objective seriousness.
Assault with a weapon
The offense of assault with a weapon (article 267 of the Criminal Code) is objectively more serious than the offense of assault because it involves the use of a weapon at the time of the assault. The word “weapon” should be interpreted broadly in that it encompasses anything that can be used to injure another person, any type of property (telephone, animal, bottle of alcohol, etc.).
Assault with injury
The offense of assault with injury implies that the actions of the accused caused bodily harm to the victim. This offense includes psychological injuries. A defense of consent is not possible in that case, because you cannot consent to injuries.
The offense of aggravated assault provided for in section 268 of the Criminal Code has an more serious objective gravity than assault with injury due to the permanence of the injuries present to the victim.
Assault against a peace officer
You can be convicted of a criminal offense when you commit an assault on a peace officer who is in the course of his or her duties. The definition of peace officer in section 270 of the Criminal Code also applies to prison guards and court bailiffs. An attempted assault on a peace officer can also result in an assault conviction.
Finally, the greater the gravity of the act and the greater and its consequences on the victim, the more important the sentence will be for the aggressor. The accused is liable to 5 to 10 years’ imprisonment for an armed attack. If the victim has injuries, the sentence can go up to 14 years and if he succumbs to his injuries, there is the possibility of life imprisonment.
Finally, regardless of the sentence, except if you obtain an absolution, you will have a mark on your criminal record which will have repercussions on your personal and professional life without counting the repercussions on the victim.
Have you been charged with any of these offenses? It is important to get legal advice so that you are well prepared for the legal proceedings that will follow your arrest. Call on our criminal lawyers who will assess your case, your criminal charge and will take care of it !