Aggravated assault is one of the most serious assault charges in Canada, carrying significant penalties under the Criminal Code. The maximum sentence for aggravated assault can be as long as 14 years in prison.
For first-time offenders, the fear and uncertainty can be overwhelming. Facing these charges for the first time brings confusion, especially when you don’t fully understand your rights or legal options.
If you or someone you care about has been charged for the first time, it’s essential to understand how the legal process works. With the guidance of a skilled aggravated assault defence lawyer, you can explore the potential to reduce charges or dismiss the case.
The Legal Definition Of Aggravated Assault
In Canadian law, aggravated assault is a more severe form of assault, defined under Section 268 of the Criminal Code of Canada. It involves causing severe bodily harm to another person, including wounding, disfiguring, or endangering the victim’s life.
Aggravated assault differs from simple assault due to the severity of the injuries inflicted. A first-offence aggravated assault charge doesn’t mean you’re automatically guilty.
There are several legal avenues to explore with the help of a knowledgeable aggravated assault defence lawyer.
What Constitutes “Bodily Harm”?
Bodily harm, in legal terms, refers to any injury that significantly impacts a person’s health or comfort. When it comes to aggravated assault, this bodily harm must be severe.
The term “severe” means that the injury caused either endangered the victim’s life, caused permanent disfigurement, or resulted in long-term disability.
Examples of injuries that may qualify as severe include:
- Broken bones
- Deep lacerations
- Loss of vision or hearing
- Permanent scarring
- Internal organ damage
The Consequences Of A First Offence Aggravated Assault Conviction
Criminal Penalties
In Canada, aggravated assault is considered an indictable offence, meaning it is a more serious criminal charge.
A conviction for aggravated assault can result in severe consequences, including imprisonment, even for first-time offenders. Under the Criminal Code of Canada, the maximum penalty for aggravated assault is 14 years in prison.
Long-Term Consequences
Beyond the immediate criminal penalties, a conviction for aggravated assault can have long-lasting effects on your life. These include:
- Difficulty finding employment: Many employers are reluctant to hire individuals with a criminal record, especially one involving violence.
- Travel restrictions: A conviction could make it harder or even impossible to travel to certain countries like the United States.
- Social stigma: Being labelled as a violent offender can negatively impact your relationships and standing within your community.
- Limitations on housing: A criminal record can make it difficult to secure housing, as many landlords perform background checks on potential tenants.
Because the consequences of a conviction are so severe, it’s crucial to seek out an aggravated assault defence lawyer who can guide you through the legal process.
Legal Options For First-Offence Aggravated Assault
1. Plea Bargaining
One of the most common strategies for dealing with a first-offence aggravated assault charge is negotiating a plea bargain. This involves negotiating with the Crown prosecutor to reduce the charge to a lesser offence.
This option can result in a lighter sentence, such as probation or a reduced period of incarceration. An experienced aggravated assault defence lawyer can help you navigate the plea bargaining process. Slaferek Law can help you determine if it’s the best option for your situation.
2. Going To Trial
If a plea bargain is not in your best interest, you may choose to fight the charges in court. This option involves taking your case to trial, where your lawyer will present a defence on your behalf. If successful, you could be acquitted of the charges altogether.
While going to trial can be stressful, it may be the best course of action if you believe you are innocent or if there is not enough evidence to prove the aggravated assault charge beyond a reasonable doubt.
Defences Against Aggravated Assault Charges
Self-Defence
One of the most common defences in aggravated assault cases is self-defence. Under Canadian law, you are allowed to defend yourself. However, the force used must be proportionate to the threat.
For example, if someone attacks you with a weapon, responding with force to protect yourself may be justified. On the other hand, if the force you use is excessive, you may still be convicted of aggravated assault.
Defence Of Another Person
Similar to self-defence, defending another person from harm can also be a valid legal defence. If you reasonably believed that someone else was in danger of being harmed, your actions may be justified. Again, the key is that the force used must be proportionate to the threat.
Lack of Intent
To be convicted of aggravated assault, the Crown must prove that you intended to cause severe bodily harm. If your lawyer can show that you did not have the intent to harm the other person, you may be acquitted of the charge.
For instance, if the injury occurred accidentally during a physical altercation, your lawyer could argue that you did not intend to cause such severe harm, thereby reducing the charge or resulting in an acquittal.
Consent
In some cases, the alleged victim may have consented to the physical contact that led to their injury. For example, in certain sports or activities, participants may implicitly consent to some level of physical contact.
However, it is important to note that consent is not a valid defence if the victim sustained serious injuries or if the level of force used exceeded what was agreed upon.
Insufficient Evidence
In criminal cases, the Crown prosecutor must prove the defendant’s guilt beyond a reasonable doubt. If your lawyer can demonstrate that there is insufficient evidence to meet this standard, the charges against you may be dropped.
This can involve challenging the reliability of witness testimony, the credibility of the evidence, or the adequacy of the investigation.
An aggravated assault defence lawyer will thoroughly review the evidence in your case and identify any weaknesses in the Crown’s case to create a robust defence.
Mistaken Identity
Another possible defence is mistaken identity, where the accused person is wrongly identified as the perpetrator. In cases where the assault occurred in a chaotic setting, witnesses may mistakenly identify someone as the assailant.
Your lawyer can present evidence, such as alibis or security footage, to prove that you were not involved in the incident.
The Importance Of Hiring An Aggravated Assault Defence Lawyer
Facing a first-offence aggravated assault charge is incredibly difficult, especially if you are unfamiliar with the legal system. An aggravated assault defence lawyer can help you navigate the complexities of your case. They ensure that your rights are protected at every stage.
Here are some of the key benefits of hiring a defence lawyer:
- These lawyers have a deep understanding of the legal framework and know how to build a strong defence.
- An experienced lawyer can negotiate with the Crown prosecutor on your behalf.
- If your case goes to trial, your lawyer will present a defence in court and cross-examine witnesses.
About Darin H. Slaferek
At Slaferek Law, we specialize in criminal defence law offering expert legal representation to clients in Edmonton, Alberta. Darin provides personalized and knowledgeable defence strategies for a wide range of criminal charges.
Contact him today to schedule a consultation and discuss your legal options.
