Know about Different Types of Assault Charges and their Seriousness from Brampton Criminal Lawyer

Violent act irrespective of their type is taken quite seriously by the Canadian legal system. Assault under the criminal code in section 265(1) is said to be committed if a person intentionally applies force directly or indirectly without the consent of the other person or if a person threatens to apply force to another person by act or by gesture.

Assault is also committed if a person impedes another person while openly carrying or wearing a weapon. People normally fail to grasp the seriousness of the assault charges and seek legal assistance from criminal lawyers in Brampton only after they are accused of assault. This is primarily due to the fact that they are completely unaware of different types of assault charges and they don’t know that each charge carries a different punishment.  

What is an Assault?

According to Canada’s Criminal Code assault is classified as a criminal act and involves simple threats to physical violence leading the victim to be hospitalized. However, it doesn’t always involve physical force and simply intending to apply physical force is also termed assault. Evidence of physical force like injury or bruising is not necessarily required to prove the assault charges, as the intent is just enough for a person to be charged with assault.

Different Types of Assault

According to Canadian Law, there are different types of assault charges, and people living in Brampton or any other Canadian city should be aware of some prominent assault charges and their seriousness. A person accused of assault charges should be aware of the legal process and their rights and should immediately seek assistance from the reputed criminal lawyer in Brampton. Some of the major assaults include:

• Simple Assault – It is among the most common offences in Canada and can range from a simple small shove to something severe like a brawl. Simple assault is generally prosecuted as a summary charge for less serious offences and a first-time offender may just get away with a slap on the wrist. A serious simple assault case is considered an indictable offence and the accused might get up to five years of imprisonment.
• Weapons Assault – In this violent act, a weapon like a gun, knife, or anything else is used to cause bodily harm or intimidate someone. It will be considered an assault even if a fake weapon is used and this kind of charge is prosecuted as a summary offence or an indictable offence. The summary offence accused can face a maximum of 18 months imprisonment and the indictable offence accused can face up to a maximum of 10 years imprisonment.  
• Assault Causing Bodily Harm – If a person uses physical force to harm someone, then the person can be prosecuted under this type of assault. Bodily harm assault can range from a scratch to broken bones, and minor bodily harm comes under summary offence and the accused can receive up to a maximum of 18 months imprisonment. Major bodily harm falls under indictable offence and the accused can receive up to a maximum of 10 years imprisonment.  
• Aggravated Assault – It is the most important type of assault that usually involves permanent or serious injuries that permanently change the victims’ lives. This type of assault usually results in life-long crippling injuries or may also involve the risk of death for the victim. It is always considered an indictable offence and carries a maximum sentence of 14 years in prison as a punishment.  
• Sexual Assault – Sexual assault is a serious crime in which non-consensual sex is involved along with a threat or violent act. Some common sexual assault includes rape, sexual abuse, or groping. This type of assault can be prosecuted as either a summary conviction or an indictable offence depending on the charges on the accused. A person facing this charge needs to hire a competent criminal lawyer in Brampton, who can aptly represent him in court.
• Sexual Assault with a Weapon – A sexual assault committed using a weapon to cause bodily harm is considered a serious offence. The person will be guilty of this crime even if he is not holding the weapon while committing the sexual assault. This crime is considered an offence and punishment includes five years imprisonment to a maximum of life imprisonment, if the victim of this crime is below 16 years of age.
• Aggravated Sexual Assault – This type of sexual assault is far more serious because in this assault victim is wounded, maimed, or put at risk of death. This crime is considered an indictable offence and punishment ranges from five years to imprisonment of life.  

Assault is quite a wide term and is a highly serious violation of the law a person can commit. It is considered a criminal act and is tried in court. It is difficult for a person to determine with which type of assault he is charged and the possible charges that the person will be facing. Thus, individuals charged with this offence should immediately seek legal assistance from the reputed criminal lawyer of Brampton.