In Canada, an assault that causes bodily harm results in a more severe offence and penalty than a simple charge of criminal assault. Section 267 of Canada’s Criminal Code defines assault causing bodily harm as a situation in which the application of force to another person, without consent, results in bodily harm. The Code also defines bodily harm as any injury or hurt to an individual that interferes with the comfort or health of that person that is more than merely transient or trifling in nature.
A criminal defence lawyer in Ontario can work with you if you are facing a charge of assault causing bodily harm by designing a strong defence to win your case or by achieving a reduced charge or sentence.
- Assault causing bodily harm: Any assault that results in injuries such as cuts or bruising that interferes with a person’s comfort or health, and is more than merely transient or trifling.
- Aggravated assault: The most serious assault charge, involving wounding, disfigurement, maiming, or endangering the victim’s life.
- Penalties: Assault causing bodily harm can carry up to 10 years in prison if prosecuted by indictment, or 18 months if the Crown elects to proceed summarily. The maximum jail term for aggravated assault is 14 years in the penitentiary. Aggravated assault convictions will result in lengthy prison sentences.
- Key distinction: Aggravated assault focuses on the severity of injuries, while assault causing bodily harm includes less severe—but still significant harm. For example, an assault that causes a broken arm meets the definition of assault causing bodily harm. If a victim is assaulted with a knife and wounded, that would constitute an aggravated assault.
The Difference Between Assault Causing Bodily Harm and Aggravated Assault
The primary distinction between a charge of causing bodily harm and a charge of aggravated assault is the severity of the injuries. The former encompasses any assault that results in bodily harm to another individual. Cuts, facial bruising and broken bones, among other injuries, have been held to be an assault causing bodily harm. Sexual assault causing bodily harm, defined in section 272 of the Code, is a straight indictable offence. This means the prosecutor will submit that more severe penalties are warranted during sentencing, including a lengthier jail term. This charge is given to anyone who also causes bodily harm to the victim during the course of engaging in sexual assault. Aggravated assault is the most serious type of assault and convictions for same will result in lengthy prison terms. The Criminal Code defines aggravated assault in section 268 as an assault that involves wounding, disfiguring, or maiming a victim or putting his or her life in danger. What distinguishes aggravated assault from other types of assault is the severity of the injuries caused by the attack. If one party hits another leaving the injured party wounded, disfigured, or maimed, or if the life of the injured party was in danger, the assailant may be charged and convicted of aggravated assault.Penalties for Assault Causing Bodily Harm
The penalty for an assault causing bodily harm will be handed down by a judge after an accused pleads guilty or is found guilty after trial. Assuming the crown proceeds by indictment on an assault causing bodily harm charge, a person can be sentenced up to 10 years in prison. If the crown proceeds summarily on an assault causing bodily harm charge, the maximum time behind bars is 18 months.Work with a Defence Lawyer in Ontario Who Restricts Their Practice to Criminal Law
The charge of assault causing bodily harm, though not as serious as aggravated assault, is a crime with significant repercussions, especially if you do not have knowledgeable legal representation with extensive courtroom experience. Facing these charges will be difficult, but you do not have to go through the process alone. To learn more about how Kruse Law can help you, schedule your free consultation or call toll-free +1-800-699-0806 to speak with someone today.
Michael Kruse is a seasoned criminal defence lawyer with more than 36 years of experience in Ontario. A former Assistant Crown Attorney, Mike brings decades of courtroom and trial experience to the defence of serious criminal charges. He leads Kruse Law Firm with a strategic, practical approach focused on strong advocacy and achieving the best possible outcome for every client.
