The simple definition of assault is the contact or attempted contact with someone else without the consent of that person. It's important to remember that the threat of assault may be all that is required for an assault charge to be issued legally. True injury would not have to exist in order to be charged with an assault.
If you have been charged with an assault or need more information from a legal professional in Edmonton, feel free to call Robert M. Kassian.
There are different kinds of assault charges that exist:
Simple assault When charged with common assault, this is a hybrid offence. This means that the Crown has an election on how to proceed. This may be by summary conviction or indictment. The latter being the more serious of the 2 ways the Crown can proceed in Court. However, even if proceeded by summary conviction, due to recent amendments to the Criminal Code, the maximum penalty is 2 years less 1 day.
Assault causing bodily harm Where in committing an assault physical injury occurs which is more than transitory or trivial, then a charge of Assault Causing Bodily harm may be laid. In the event the Crown proceeds by indctment, the maximum penalty is 10 years imprisonment.
Assault with a weapon Assault with a weapon involves an assault with any object. This does not require that the object be what a person normally considers a weapon (ie. could be a pen, cell phone, etc.). On the Crown proceeding indictment, the maximum penalty is 10 years.
Aggravated assault This is a more serious form of assault where a person receives an injury which wounds, disfigures or the person's life was endangered. This offence is strictly indictable and has a maximum penalty of 14 years imprisonment.
Sexual assault Sexual assault is an assault of sexual nature that violates the sexual integrity of a person. It does not require that the person charged actually intended the act complained of to be for a sexual purpose. Further, depending upon the age of the Complainant, this can significantly affect the maximum period of imprisonment which the Court can impose
Sexual assault with a weapon/threats/bodily harm More extreme versions of sexual assault are charged in a common way based on the circumstances. There are both summary convictions and indictable sentences for the crime committed. Maximum sentence ranges from 18 months to 10 years in prison.
Aggravated sexual assault Aggravated sexual assault is a sexual assault where the Complainant received wounds, disfigurement or their life was endangered. This is a strictly indictable offence and the maximum penalty can dramatically increase dependent upon the age of the Complainant and/or if the allegations are that a firearm was used in the course of committing the offence
Assaulting a police officer There are several variations of this charge in the Criminal Code. The central element is that the Police officer was assaulted while in the execution of his duty. However, it is important to identify what function the officer was exercising, was he doing so reasonably or were the actions of an accused justifiable in the circumstances.