I want to talk to you today about the difference levels of assault and consequences in terms of maximum penalties for each. So first of all assault is defined as an intentional use of force without their consent. For example, obviously if you punched someone and they didn’t agree to that punch, its assault. Simple assault is the lowest level of assault and has the least of consequences. By the way if it is indited, the maximum penalty is five years in jail. Simple assault can be as minor as putting your hand on someone or touching someone when they didn’t want you to. It goes up to where bodily injury is not caused. So, that is a simple assault. The next level is assault causing bodily harm under section 267 of the Criminal Code and this is where the injury caused some bodily harm. What is the definition of bodily harm? It is some injury that is not transcendent and interferes with the health of bodily comfort of the person. So, that could be pretty low level. Surprisingly, the case law the judges say bruising with no pain can be bodily harm. An example could be a broken nose, that is bodily harm. Bruising in many courts can be seen as bodily harm. There is also assault with a weapon. A weapon can be defined as a household tool. There are weapons like a knife or baseball bat. Anything you can pick up and be an extension with your hand can be a weapon. Assault with bodily harm and assault with a weapon of a maximum term of ten years if elected by indictment. The crown can elect summarily for that and simple assault. The most serious form of assault is aggravated assault. The maximum term in prison is 14 years. Very serious offence where there are wounds, disfigured or endangered the life of someone. AN example of that would hitting someone with a baseball bat and causing a brain injury putting them in intensive care. Clearly that’s endangering life. Very serious crime, facing lengthy periods of jail. Usually for assault bodily harm, assault with a weapon, aggravated assault you are usually facing jail terms. Just mere bruising bodily harm you might not. Simple assault unless you have a prior record for violent content, given the factors there are no injuries you can typically avoid jailtime for a first time offender. So, that’s the quick update or report on different levels of assault you could be facing when you assault someone in Canada.
