Assault is an act of violence that can be considered either civil wrongdoing or a criminal felony. Things can become quite complicated depending upon the degree of abuse being committed. In Edmonton, Canada, a physical strike is not taken lightly; rather there are serious repercussions for this kind of criminal activity.
There are different sorts of consequences for assault offences. If someone gets into a similar kind of situation, it is very important to know what kind of infringement they are actually committing. The Canadian Law is extremely strict in this regard. Level of punishment differs from one case to another.
Types of Assault
1. Simple assault
It is considered to be one of the most basic acts of molesting someone. According to Assault Offence Lawyers, this can be dealt with in two different kinds of manners. In case of simple assault charges, consequences could be less terrible than any other kind of definite hit.
In most of the cases, it can be prosecuted without facing a jury or jail time. But it should not be taken lightly. It can be taken through a court process depending on severe cases.
2. Aggravated assault
It is one of the most serious assaults committed out there. Its seriousness can be assessed from the fact that the complainant is left critically injured. The results of aggravated assault generally are:
- Maimed (losing one`s ability to fight back)
- Wounded (skin damage)
- Disfigured (grave impairment of one`s appearance or figure)
- Endangering one`s life.
This kind of beating results in a 14-year time in jail, up to 3 years of probation, facing a lifetime prohibition on owning any weapon. Last but not least, a DNA sample of the offender is also submitted into the National DNA Databank.
3. Bodily Harms based Assault
This kind of attack is done when noticeable body damage is being done to someone. According to legal experts, this type of assault can be prosecuted in two ways. The least penalty that could be given to the attacker is 18 months jail time along with a summary conviction. In extreme cases, one can also be handed massive 10-year imprisonment in case of an indictable crime.
4. Sexual Assault
This is a kind of sexual offence that is done without the consent of the aggrieved party. It also results in a summary conviction with a maximum penalty of 10 years and 8 months of jail time.
5. Sexual Aggravated Assault
Being recognized as an indictable offense, the victim is left with far more serious injuries in this case. Minimum jail sentencing will amount to 4 years in case of a weapon used by the attacker.
6. Assaulting a Police Officer
The accused has to face serious repercussions for this kind of harsh behavior. It is characterized as an illegitimate action and a conviction charge is imposed on the aggressor.
Conditions for Bail in Aggravated Assault
The crown will most probably ask the judge to hold the culprit in jail till completion of charges in the court system. However, this may not be the case if the guilty party has no prior record of assault or any other crimes.
If you are prosecuted under this criminal act, you will be kept under strict conditions. In most cases, a curfew is imposed on a suspect and is not allowed to talk to the complainant. After carefully suggesting that the offender is no longer a threat, the judge may be asked to keep you under less severe conditions. Efforts can also be made that the amount you have to pay to the court should be as low as possible.
How to Defend Aggravated Assault?
To Defend Aggravated Assault, a highly complicated medical proof is required in order to prove the degree and kind of injuries received by the victim. Furthermore, very complex legal regulations are observed so as to find the originality of the victim`s claims of wounds.
These kinds of cases commonly involve thorough investigations by the police. We are talking about concrete pieces of evidence collected by the law enforcement agency. Here comes the best part. Professional criminal defense lawyers will search through all those shreds of evidence and come to a probable conclusion about the best possible defense for your case.
Some of the common defenses for aggravated assault are:
- The prosecution will need to be 100 % certain that you have intentionally injured the victim to be able to pass the judgment. One of the most common ways of defending yourself is to oppose the element of intention. If you are able to prove that your actions were purely accidental, the judge will not be able to gather a required conviction.
- You could also argue that your constitutional rights were violated at the time of the arrest. It may involve an illegal search of your house for finding evidence.
- Among the most common defenses is that of acting in self-defense. However, it should be kept in mind that the level of self-defense would be equal to that of physical force being used against you. For example, if you were punched by someone, you could also punch that person and nothing more than that.
- The act committed should be reasonable under those circumstances. Let`s just say that someone far more physical in shape than you were going to strangle you. In such cases, you could justify opening fire at them. It must be proved that there were no other options available under that state.
So, if you are facing any criminal charges related to aggravated assault or any other such offense, then you should talk to the assault offense or criminal law firm. They will provide you professional legal assistance and services with the help of a qualified and professional legal team.
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