Serious Assault

The Criminal Code deals with the charge of assault starting at s.265 and states that you can face prosecution if you apply intentional force directly or indirectly on a victim without their consentVoluntary agreement to engage in an sexual act.

You can also be charged if you threaten, either by act or gesture, to apply force to another person or if you confront someone while openly wearing or carrying a weapon or imitation weapon.

It is important to remember that even a push can land you in front of a judge. You don't have to physically touch someone to face assault charges. 

The charge is broken down into domestic or non-domestic categories. If you assault someone you are in a relationship with, you could be charged with domestic assault, which is treated more seriously. Relationships can include boyfriends, girlfriends, common-law partners or spouses. The incident can be handled as a domestic assault even if the relationship has ended. Although there is no specific charge of domestic assault, any such assault is treated more seriously by the justice system because domestic abuse is widespread, and there is a risk that it can escalate unless dealt with effectively.

Assault causing bodily harm If a person has suffered injuries because of something you have done, you can face a criminal trial for assault causing bodily harm. Those injuries must be more than minor scrapes or bruises that pass quickly. Bodily harm is defined in the Code as "any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature." A trifling injury means one that is insignificant or petty, while transient implies something that will pass with time. Assault with a weapon As the name implies, this charge can be laid if a weapon is used in an assault. Depending on how it is utilized, a weapon can be anything from a fork to a gun. If you throw a glass that hits someone, you could face charges. Choking, suffocating or strangling A third form of assault under s.267 is choking, suffocating or strangling the complainant. This was added to the Criminal Code in 2019 by Bill C-75. No weapon needs to be involved and no lasting bodily harm needs to result for this charge to apply. The law treats strangulation as a serious form of assault in its own right, separate from whether visible injury occurs. All three forms, assault with a weapon, assault causing bodily harm, and choking, suffocating or strangling, are covered under s.267 of the Code. Aggravated assault If someone is wounded, maimed, disfigured, or their life is endangered, and you are responsible, you could be charged with aggravated assault. It is the most serious form of assault and an indictable offenceA more serious type of Canadian criminal offence. in Canada under s.268 of the Criminal Code. What sets aggravated assault apart from other types of assault is the severity of the injuries inflicted. Endangerment to life must involve an actual risk, but it does not necessarily have to result in bodily harm.

To gain a conviction, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you:

• applied force to someone 
• the victim did not consent to that force 
• the force was applied intentionally.

If you are accused of assault, your defence lawyer might submit evidence to show your actions were not intentional. There could also be reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.

Suppose you were acting in self-defence and did not mean to inflict grievous harm; you could be acquitted. A person cannot usually rely on another person's consent to a fight where the intended force causes serious or non-trivial bodily harm. Limited contexts, such as properly regulated sport or medical treatment, may be treated differently. This issue is fact-specific and should not be described as automatic consent or automatic non-consent.

You can also not be convicted of aggravated assault if your actions were taken to protect yourself, your property or other people and their property.

The Crown must establish an intent (mens reaThe mental element required for an offence.) to cause bodily harm. They don’t need to prove there was an intent to maim, wound or disfigure. 

If you face trial for assault causing bodily harm or assault with a weapon, the Crown can proceed with the charge as an indictable offence, and you would face imprisonment. The prosecutor could deal with the offence as a summary convictionUsed for lesser offences with less severe punishment.

The Crown will consider such factors as the seriousness of the incident and your prior criminal record when deciding how to proceed.

Aggravated assault is treated as an indictable offence, bringing harsher penalties.

If you are convicted of the summary offenceLess-serious criminal offences of assault causing bodily harm or assault with a weapon, the maximum penalty is two years less a day in jail, a fine of up to $5,000, or both. If those charges proceed by indictment, the maximum penalty is a prison term of 10 years.

Aggravated assault brings a maximum prison sentence of 14 years. You could also face a fine, a combination of prison and probation, an intermittent sentence, and a Victim surchargeAn extra amount added to a sentence to help fund victim services..

If you are convicted of aggravated assault, you will be subject to a mandatory weapons prohibition order pursuant to s.109 of the Code and a mandatory weapon forfeiture order under s.491.

The Criminal Code does not use 'serious assault' as one offence name. What people often describe as a serious assault is usually charged under the upper parts of the assault ladder, including assault with a weapon, assault causing bodily harm, choking, suffocating or strangling, or aggravated assault.