Assault can mean a lot of different things under the law. If you are facing assault charges, you must understand your charges and why. This way, you can make an informed decision on whether to plead guilty to the charge or let a New Westminster criminal defence lawyer fight for you in court. Your attorney knows what defense tactics to use to ensure the outcome is favorable to you.
Different Categories of Assault
Assaults under Canadian law are categorized into normal assault crimes, threats, and sexual assault crimes. Each kind of assault carries criminal penalties. For instance, your possible penalties depend on whether you used a weapon or caused bodily injury when you committed assault. Some assault charges do not involve injuries. These include attempted assault or a non-violent mugging. Sometimes, causing criminal mischief and uttering threats can also be charged in more serious cases.
Sentencing for Assault Crimes
Assault cries will lead to a criminal sentence when you are found guilty by a jury or court. Often, simple assaults and threat charges are brought as summary conviction offences. When convicted, your maximum sentence will be 6 months or less. Also, a fine may be imposed by a court.
When an assault involves injuries, the charges are considered indictable offences. A simple assault conviction can carry a sentence of 5 years. Serious assault charges like assault causing bodily injury and sexual assault can lead to harsher sentences.
Defending Yourself Against Assault Charges
Legal defenses to assault charges can reduce the seriousness of the criminal sentence or excuse the charges. But, you need an experienced attorney to defend you in court. Your attorney will talk you through the case as well as help you understand your charges and how to beat them. The following are t the defences your attorney may use:
- Self-defence. Your attorney may argue that your commission of assault resulted from the need to defend yourself or others. It boils down to who caused physical altercations or make threats first. Every person has the right to defend themselves and others against harm.
- Consent. Assault occurs when a person unlawfully uses force against another person without the victim’s consent. Your attorney will try to prove the victim gave consent when you use force against them.
- Lack of intent. This means proving that you did not intend to use force against the victim.
- Raising reasonable doubt. Just like other criminal charges, assault needs to be beyond a reasonable doubt. And if your attorney can raise reasonable doubt against your charges, you can be acquitted.
