Criminal Law
Aggravated Assault Lawyer
Criminal Law
Aggravated Assault
Aggravated assault is a serious criminal offence, attracting strict penalties under Canadian law. It falls under Section 268 of the Criminal Code, and if convicted, the accused might be sentenced to up to 14 years in prison. Considering such serious legal consequences involved, it is crucial that you get in touch with an experienced criminal lawyer as soon as the charges are filed against you.
What constitutes an aggravated assault?
Under the Canadian Criminal Code, aggravated assault is defined as an intentional use of force on another person that wounds, maims, disfigures or endangers the life of the victim. The criteria for an aggravated assault are as follows.
- The foresight on the part of the accused that serious harm would be caused to the victim must be proven beyond a reasonable doubt.
- The assault resulted in serious injuries.
- Some of the common examples of aggravated assault that meet these criteria are stabbing or attacking someone with any weapon that results in a deep injury, beating up someone severely leading to disfigurement, and any attack that results in life-threatening injuries.
What are some of the common defences in an aggravated assault case?
Some of the commonly argued legal defences in aggravated assault cases are as follows:
- The accused was acting in self-defence or was defending another person at the scene, and that the accused used only reasonable force in self-defence.
- There was no intent on the part of the accused to commit the act that harmed the victim.
- In rare cases, such as sports fighting, the defence that there was consent from the victim can also be made.
What are the penalties in an aggravated assault case?
If convicted in an aggravated assault case, you could be liable to receive the following penalties as per the Criminal Code.
- The accused can be sentenced to a prison sentence of up to 14 years.
- The conviction will result in a permanent criminal record.
- There will be serious consequences from your criminal record on your future activities, both in your professional and personal life. Most employers will not employ someone with such a record. Many countries, such as the US, have policies rejecting entry to anyone with such a criminal record.
How can a criminal lawyer help you?
Legal advice:
You need to quickly obtain the services of an experienced criminal lawyer immediately upon being charged with aggravated assault. Aggravated assault is a serious criminal offence that could land you in prison for up to 14 years. It is important that you obtain a capable criminal defence lawyer to fight on your behalf immediately.
Preparing a legal defence:
An experienced criminal lawyer will start preparing your defence by looking at all aspects of your case, including the following.
- Was the act committed in self-defence?
- Consent, in rare cases like sports fighting, might be considered as a legal defence.
- Was the action intentional? Is there enough evidence to establish intent?
Finding weaknesses in the prosecution’s case and evidence:
A knowledgeable criminal defence lawyer will study the prosecution’s case against his client, looking for the following.
- Are there any inconsistencies among the witness testimonies with respect to the sequence of the events and the timing?
- Was the arrest or search of the client executed lawfully?
- Was the evidence of the case obtained through legal means and procedures? If not, your lawyer will request the court to exclude such evidence from the trial.
Negotiations:
Your lawyer will negotiate with the prosecutor with the following goals in the best interests of his client:
- Negotiating for a complete withdrawal of the charges. If the evidence is not strong enough or if there are some issues with the procedures followed, your lawyer could negotiate for a complete withdrawal of the charges.
- Negotiating for reduced charges. Depending on the circumstances of the case, it might be possible through negotiations to bring the charges down from a Level 3 to Level 2 assault, leading to a lighter sentence if convicted.
- Negotiating for a more favourable sentence. Again, this will depend largely on the circumstances of your case. It might be possible for your lawyer to negotiate with the prosecutor to agree to a conditional discharge or probation.
Legal representation:
When the case finally reaches the court, your lawyer will present your defence in the court. He will cross-examine the witnesses and point out the inconsistencies, if any, in their testimonies. He will present legal arguments in the court calling for your acquittal or a favourable sentence.
We can Help
If you are dealing with criminal charges for an aggravated assault, you need to get in touch with our criminal defence lawyers immediately for legal guidance. Aggravated assault is a level 3 assault that may lead to a 14-year prison sentence if convicted. A strong legal defence from a knowledgeable criminal lawyer is key to your acquittal or at least a reduction of the charges laid against you. Our experienced criminal lawyers will ensure that your rights are protected throughout and that you receive a fair trial. Get in touch with our legal team today for a consultation.
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Frequently Asked Questions
Can I avoid jail time since it is my first time offence?
It is impossible to predict the final outcome since it varies from case to case. However, it is highly likely that some amount of jail time will be involved, considering the seriousness of the charges.
How is an aggravated assault different from other assaults?
- A simple assault (Level 1) falls under Section 265 of the Criminal Code and is defined as a minor infliction of force on another person without his consent leading to minor or no injuries or merely threatening to use violence against someone. If indicted, the maximum prison sentence is 5 years.
- An assault with a weapon or resulting in bodily harm (Level 2) falls under Section 267 of the Criminal Code and is defined as an assault conducted using or while carrying a weapon or merely threatening to use the weapon against someone. If the assault injured the person, the injury must not be life-threatening but result in cuts, bruises, or fractures. If indicted, the maximum prison sentence is 10 years.
- Aggravated assault (Level 3) falls under Section 268 of the Criminal Code and deals with severe, permanent, and disfiguring injuries or life-threatening injuries. If indicted, the maximum prison sentence is 14 years.