What is Aggravated Assault?​

This article is a brief and general overview about Aggravated Assault. Aggravated Assault is defined under section 268 of the Criminal Code of Canada. Aggravated Assault is a very serious offence compared to Simple Assault, because of the nature of the injuries caused to the victim. In cases of Aggravated Assault, the victim suffers from serious bodily harm, which can sometimes be life-threatening injuries or injuries with a long recuperation period. As a result, any action that causes permanent disfigurement, disability, or loss of function constitutes as Aggravated Assault.

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What are some examples of Assault with a weapon?​

Some examples of Assault with a weapon include: 

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a) Breaking someone's jaw.

b) Breaking someone's nose

c) Stabbing someone with a knife

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What are the legal elements needed to prove Aggravated Assault?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the elements of Aggravated Assault are:

a) That you (the accused) touched someone on purpose without their permission, or;

b) That you physically threatened to touch someone without their permission, and;

c) That you caused permanent or life-threatening injuries such as crippling injuries, big scars, or permanent damage to someone else's body​​​​​

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What are the penalties for Aggravated Assault? ​

For this charge, there is no minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. However, it is important to note that the maximum penalty for Aggravated Assault in Canada is 14 years of imprisonment. However, as with many offences, the actual sentence given can be below this maximum, and the sentence depends on the severity and circumstances of the case. It is also important to note that a person charged with Aggravated Assault cannot be convicted of a lesser form of Assault like Simple Assault or Assault Causing Bodily Harm for the same conduct.  

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Common FAQs:

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1. What do you do if you have been charged with Aggravated Assault? ​

If you have been charged with Aggravated Assault by the police, first contact us. Then, we will likely recommend counselling services for anger management as well as engagement with community services. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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2. What are some possible legal defences for Aggravated Assault: 

Some of the possible legal defences for Aggravated Assault include self-defence, Reflexive Action, defence to property, and the defence of others.