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Assault is one of the most common offences under the Criminal Code of Canada. A simple assault occurs when a person intentionally applies force directly or indirectly to another person without that person’s consent. There are many other forms of assault, including, domestic assault, assault with a weapon, aggravated assault. In order to be convicted of an assault, the crown must prove that force was applied without any consent and that it was intentional.
The penalties for an assault conviction can vary from a lesser sentence of probation or a discharge to the maximum sentence of 5 years imprisonment if the crown proceeds by indictment or 2 years less a day if they proceed summarily.
Assault is one of the most common offences under the Criminal Code of Canada. A simple assault occurs when a person intentionally applies force directly or indirectly to another person without that person’s consent. There are many other forms of assault, including, domestic assault, assault with a weapon, aggravated assault. In order to be convicted of an assault, the crown must prove that force was applied without any consent and that it was intentional.
The penalties for an assault conviction can vary from a lesser sentence of probation or a discharge to the maximum sentence of 5 years imprisonment if the crown proceeds by indictment or 2 years less a day if they proceed summarily.
Domestic Assault arises from a dispute or allegation of assault made in the context of a marriage, dating relationship, common law spouses, children, parents and other family members. Domestic disputes are taken extremely seriously by the police and Crown, and its noteworthy that the victim of the dispute cannot themselves decide to withdraw or “drop” the charges. Once the report has been made and charges are laid it is up to the police and the Crown on how they wish to prosecute.
The penalties for a domestic assault conviction carries a maximum sentence of 5 years imprisonment. However, there are lesser sentences available, one being eligible for the Early Intervention Program, also known as, PARS. Not everyone is eligible for this program, therefore, it is important to seek out advice from a criminal defence lawyer.
Assault with a weapon occurs where a person intentionally applies force upon another person with the use of a weapon or tool. A weapon can be any object that is designed to be used or intended to be used to cause injury, cause death or to threaten a person. Weapons can vary from firearms and knives to baseball bats and cars.
The penalties for an Assault with a Weapon conviction varies as it is a hybrid offence, which means that if the Crown proceeds summarily the maximum is 18 months imprisonment and if by indictment then it would be 10 years imprisonment.
Sexual Assault is a serious violent offence involving an assault committed in a sexual nature. Sexual offence can also include, sexual interference, sexual assault with a weapon, aggravated sexual assault, and sexual exploitation. Sexual assault cases are complicated and can involve lengthy court proceedings.
The penalty for a sexual assault conviction carries a maximum of 2 years less a day imprisonment if proceeding summarily and 10 year imprisonment if proceeding by way of indictment. Alongside the sentence, those who are convicted of a sexual assault offence face a stigma of being placed onto the Sex Offender Registry. Due to the severity and complexity of sexual assault offence, contact an experienced lawyer today and we can help you along this process.
Sexual Assault is a serious violent offence involving an assault committed in a sexual nature. Sexual offence can also include, sexual interference, sexual assault with a weapon, aggravated sexual assault, and sexual exploitation. Sexual assault cases are complicated and can involve lengthy court proceedings.
The penalty for a sexual assault conviction carries a maximum of 2 years less a day imprisonment if proceeding summarily and 10 year imprisonment if proceeding by way of indictment. Alongside the sentence, those who are convicted of a sexual assault offence face a stigma of being placed onto the Sex Offender Registry. Due to the severity and complexity of sexual assault offence, contact an experienced lawyer today and we can help you along this process.
Criminal Harassment, also known as stalking, consists of repeated behaviour over a period of time where there is an intention to harass, frighten, annoy and display other obsessive conduct towards another person without lawful authority or excuse. Criminal Harassment activities may include, following/stalking a person at their home or workplace, repeatedly calling or texting a person, repeatedly showing up at a place where the person happens to frequent.
The penalty for a criminal harassment conviction carries a maximum 2 years less a day imprisonment if proceeding summarily and if by way of indictment then a maximum 10 years imprisonment.
Assault cases vary case to case, if you have been charged with a violent offence in the GTA or surrounding areas, it is prudent that you hire a lawyer to defend your case, call VM Law for a free consultation today.
Rochelle Thomas
Patrick Mungoba
Kamer Bailey
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