Assault Causing Bodily Harm

What is Assault Causing Bodily Harm

Definition: The Criminal Code of Canada (Section 267(b)) defines this offence as an assault that results in bodily harm to the complainant.

Important Points:

“Bodily harm” is any hurt or injury that affects a person’s health or comfort, and is more than just temporary or insignificant.
It doesn’t have to be a serious injury. Bodily harm can include minor cuts, bruises, and even psychological harm.
You don’t need to intend to cause the injury for it to be considered assault causing bodily harm.

Common Evidence:

Witness statements (victim, bystanders).
Medical records or photos of the injuries.
Security or surveillance footage.
Any physical evidence related to the incident.

Penalties for Assault Causing Bodily Harm

Assault causing bodily harm is a hybrid offence, giving the Crown prosecutor the choice of how to proceed:

Summary Conviction: Used in less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: Reserved for more serious instances.

Maximum Penalty: Up to 10 years in prison.

How We Can Help

Securing Your Release: An arrest for assault causing bodily harm can be very stressful. Our priority is to advocate fiercely for your release on bail. We’ll work tirelessly to build a strong case, demonstrating to the court that you can be trusted to abide by any conditions while your case goes through the legal system.

Fighting the Charges: Every situation is unique, and we’ll carefully analyze the specific details of your case. Potential defences could include:

Self-defence.
Consent of the victim.
Lack of intent to cause harm.
Challenges to the evidence regarding the alleged bodily harm.

Frequently Asked Questions

What qualifies as bodily harm?

The definition is broader than everyday understanding. If you have concerns about whether your situation might fall under this charge, seek legal advice.

Does the victim need serious injuries?

No. Even minor injuries can meet the definition, though the severity of the injury can impact how the Crown proceeds.

Can I avoid jail time?

It’s possible, depending on the specific circumstances and how the Crown chooses to proceed. An experienced lawyer can fight for the best possible outcome for you.

Let's Talk About Your Case

Assault causing bodily harm charges are extremely serious. It’s crucial to secure legal advice as soon as possible. Contact us for a free consultation to discuss your individual circumstances and how we can build your defence.

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