Bodily harm is a common type of assault these days. For instance, the amount of road rage was 83 percent observed in 2022. If you are ever accused of assault causing bodily harm in Saskatchewan, you would be sentenced to 10 years maximum. Therefore, with the advice of prominent lawyers, our guide has all the information about the sentences, including the penalties, prosecution’s actions, and defense strategies.
What is Assault Causing Bodily Harm?
Assault causing bodily harm is a criminal offense that occurs when someone commits an assault and results in injury to another person. It can involve physical interactions but doesn’t necessarily require it. It disrupts the satisfaction and health condition of the victim and is more than just a temporary or minor discomfort.
- Examples: Cuts, bruises, sprains, broken bones, and even some psychological trauma.
- Key Points: The severity of the injuries determines how the crime is prosecuted. In some jurisdictions, it can be treated as a more serious offense if a weapon is used. This serious crime can lead to imprisonment depending on the specific circumstances and local laws.
Categories of Assault Causing Bodily Harm
Criminal Code Help listed two categories for assault causing bodily harm, domestic and non-domestic.
Domestic Assault
Hurting husband/wife, living partner, or family member is treated more severely as domestic assault.
Non-Domestic Assault
Injuring someone outside of a close relationship results in assault causing bodily harm charges. Injuries can take place among minor to severe.
The Crown prosecutor tries to prove beyond a reasonable doubt that you:
- Used force on someone
- The victim was not aware of the force.
- It was an intentional force.
Different Types of Assault Charges under the Criminal Code
Canadian Criminal Code emphasizes three types of criminal offenses to be considered as assault: summary offense, indictable offense, and hybrid offense.
Summary Offence Assault Charges
In a situation where a shove or push doesn’t cause the victim to fall or get hurt will be a summary offense assault. Also, threatening words or gestures without any attempt to inflict violence. It’s the least serious type of assault. Typically involves minor injuries or no injuries at all.
- A judge who observes this case in a provincial court only.
- Maximum penalties typically include fines (up to $5,000) and/or jail time (up to six months).
Indictable Offence Assault Charge
These are more serious assaults that result in injuries or involve aggravating factors. Examples include assault with a weapon or assault against a police officer or other protected person.
- The accused has the option to choose certain trials by judge alone or by judge and jury together.
- Penalties for indictable assault offenses vary depending on the specific circumstances.
Still, they can range from significant fines and jail time (up to two years less a day) to life imprisonment for the most serious cases.
Hybrid Offence Charge
There’s also a category called hybrid offences. These are offenses that the crown prosecutor can choose to treat as either summary or indictable. Common hybrid assault offenses include common assault, where the circumstances fall somewhere between a minor summary offense and an indictable assault causing bodily harm.
What are the Penalties for Assault Causing Bodily Harm?
Assault causing bodily harm is a statutory offense of assault in Canada with aggravating factors. There are three penalties for such actions: conditional discharge, fine, and imprisonment are the top three penalties.
Conditional Discharge
Sometimes, the offender may not be found guilty but still face conditions like probation or community service. This is a form of alternative sentencing.
Fine
The severity of the offense (summary or indictable) determines the amount of the fine imposed by the court.
Imprisonment
The length of the jail sentence depends on whether the offense is prosecuted as summary (maximum 2 years) or indictable (maximum 10 years).
Prosecution for Assault Causing Bodily Harm
The prosecution process of assault causing bodily harm requires six crucial steps. Those are investigation, charge, bail hearing, disclosure, trial, and sentencing. All steps are designed to dig out the proof of the crime.
Investigation
To investigate assault with injuries, police interview witnesses, review footage, gather evidence, and request medical records. This seriousness requires a deep investigation.
Charge
Police build a case with evidence, then charge the suspect. If found, they’re arrested. Prison isn’t guaranteed; it depends on the case.
Bail Hearing
You have 24 hours for a bail hearing to get released. The court decides based on your record and the crime’s seriousness. Your lawyer’s your only contact until then (police stay quiet).
Disclosure
Upon charge, prosecutors disclose all evidence to the defense lawyer. This includes witness statements, police reports, and any findings from the investigation.
Trial
Trial determines guilt through evidence. Prosecutor argues for conviction, defense counters. Judge or jury decides. A guilty verdict leads to sentencing.
Sentencing
Judges weigh factors like criminal record, victim injury, and crime severity at sentencing. This can result in fines, probation, community service, or even jail time.
What is the Defence of the Assault Causing Bodily Harm?
The best criminal lawyers use a group of defensive strategies to defend against the prosecution. Their work process tries to show self-defense, identity defense, mistaken identity, witness confession, and provocation. All combined together, they can challenge the prosecution to agree with the defence.
Self Defence
Self-defense can negate assault charges. The accused must show they reasonably feared harm and used proportional force to defend themselves.
Identity Defence
To avoid assault charges, claiming self-defense requires proving you acted to defend yourself and the force used was reasonable under the circumstances.
Mistaken Identity
An accused can avoid conviction by proving they weren’t involved. Weak evidence against them also increases their chances.
Witness Confession
In witness defense, the accused claims they weren’t at the crime scene. They need witnesses or evidence (like video) to prove this alibi, placing them elsewhere.
Provocation
In self-defense claims, the accused argues they were compelled to act. Remember, this isn’t a “walk out of the jail free” card. Only extreme provocation justifies force.
Conclusion
Assault causing bodily harm is a serious offense in Canada, with harsh penalties for those convicted. Understanding the legal process and potential defenses is crucial whether you’re a victim or accused. For navigating this complex situation, seeking legal counsel is essential.
FAQs
What is the penalty for common assault in Canada?
While the maximum penalty for common assault is 5 years imprisonment, first-time offenders typically receive less severe punishments.
What is the difference between assault and assault causing bodily harm?
Assault causing bodily harm goes beyond a shove and carries harsher penalties due to injury. However, sentencing isn’t one-size-fits-all. Judges consider the offender’s background and the specific circumstances to determine a fair punishment.
Can you drop assault charges in Canada?
In Canada, victims can’t directly drop assault charges. They can influence the Crown prosecutor’s decision by submitting a supportive affidavit. While the final call rests with the prosecutor, victim input carries significant weight.