Aggravated Assault

What is Aggravated Assault

Definition: The Criminal Code of Canada (Section 268) defines aggravated assault as the most serious form of assault where the victim is wounded, maimed, disfigured, or their life is endangered.

Important Points:

“Wounds” refers to injuries that break the skin or cause bleeding.
“Maims” means an injury that causes disability or lasting impairment.
“Disfigures” means a significant and permanent alteration to a person’s appearance.
Even putting someone’s life in danger without causing physical injury is considered aggravated assault.

Common Evidence:

Witness statements (victim, bystanders).
Extensive medical records, photos, or expert testimony regarding the injuries.
Security or surveillance footage.
Physical evidence collected at the scene, such as weapons.
Records related to long-term health consequences faced by the victim.

Penalties for Aggravated Assault

Aggravated assault is always an indictable offence, reflecting its severity within the criminal justice system.

Maximum Penalty: Up to 14 years in prison.

How We Can Help

Securing Your Release (Revised): An arrest for aggravated assault is incredibly serious, and we understand the overwhelming concern about your freedom. While it’s likely there will be a bail hearing, we’ll fight tirelessly to secure your release under conditions that are as fair as possible, keeping in mind the serious nature of the charge.

Fighting the Charges: Every case has unique details. Our experienced lawyers will investigate every detail of the case against you. Our defence strategies might involve:

Arguing that the injuries don’t meet the legal definition of aggravated assault.
Self-defence, if applicable.
Challenging the connection between the alleged actions and the specific injuries sustained.
Questioning the reliability or credibility of the evidence and witnesses presented by the Crown.

Frequently Asked Questions

Can simple assault become aggravated assault?

Yes, depending on the injuries. If an assault initially treated as minor later results in serious wounds or lasting health consequences, the charges can be escalated. Seek legal advice immediately, even if you think the initial charges are minor.

Can I be charged if I didn't mean for it to happen this way?

Yes. While intent matters in terms of sentencing, it isn’t required for the initial aggravated assault charge. A lawyer can help you explore potential defences and work towards reducing the severity of the charges.

What is the difference between aggravated assault and attempted murder?

It comes down to whether there was intent to kill. Aggravated assault still focuses on harm, not death. A lawyer can carefully analyze your specific situation as this distinction is crucial to your case.

Let's Talk About Your Case

Assaulting a police officer charges are very serious and can have significant long-term consequences. Don’t risk your future, contact us immediately for a free case review to understand your rights and begin building your defence.

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