Assault can take many forms and there are various different types of assault. As well, the method of procedure in court varies depending on the type of assault we’re talking about.
Considering the many types of assault and all of the various laws and rules governing them, if you are charged with any type of assault, immediately contacting a criminal defence lawyer is your best defence.
Simple assault includes any touching without consent, where no bodily harm is caused, no weapon is used, and it is not of a sexual nature.
There are two ways the prosecutor can proceed: either summarily or by indictment. The decision by the prosecutor on how to proceed depends on a number of things, such as, the seriousness of the assault and how it should be punished and whether the accused person has a previous record with other assault convictions.
Aggravated assault includes any assault that wounds, maims, disfigures or endangers the life of the victim. An assault becomes “aggravated” when the harm is more than just minor. An aggravated assault is an indictable offence.
Sexual assault consists of any unwanted touching in a sexual way. Sexual assault can be aggravated by the use of a weapon or if it causes physical harm to the victim, but physical harm is not required.
Young people under a certain age cannot consent to sexual acts. The age depends on the circumstances, but in general, anyone under 16 years of age cannot consent to sexual activity with anyone else, except with other young people.
Assault with a Weapon or Causing Bodily Harm
Assault with a weapon or causing bodily harm would be the charge against someone who carries, uses, or threatens to use, a weapon or something that could be thought of as a weapon, or if they cause harm to their victim. This type of assault can be either an indictable or summary offence, depending what the Crown chooses.
How Your Criminal Lawyer Can Defend Assault Charges
If you are charged with assault in Calgary, there are a number of ways you can be defended. Self defence can be a reason you shouldn’t be convicted of assault. You are allowed to use reasonable force to defend yourself against an unlawful assault provided you did not provoke the assault and you did not intend to cause death or grievous bodily harm.
Reasonable force when used to protect your property or to defend anyone under your protection from an assault is another way your lawyer can defend you if charged with assault.
These arguments, among others, can contribute to a successful defence against assault charges.
Free consultation with Calgary Lawyer
Even a conviction for a minor assault results in a criminal record. Don’t just plead guilty to get it out of the way. Contact Maureen McConaghy for a free consultation. Maureen has dealt with many of these types of assault charges and sometimes they can be resolved without a criminal record attaching.