Table of Contents
Aggravated assault is simply an assault that resulted in significant bodily harm. All the principles that apply to the defence of a simple assault case apply to the charge of aggravated assault. For example, self defence is a valid defence to this charge. Any person can use reasonable force to defend themselves.
Provocation is not a defence, but can be a mitigating circumstance. In cases of aggravated assault, the sentence often starts with incarceration
In cases of aggravated assault, the sentence often starts with incarceration. If convicted of this charge, the sentence imposed is largely influenced by the extent
If convicted of this charge, the sentence imposed is largely influenced by the extent and nature of the injury. The greater the injury; the longer the sentence. The sentencing judge will also consider the facts surrounding the commission of the offence – whether the assault was unprovoked – is an example of a factor that will be considered – whether there was bullying involved – is another factor that a Court will consider – whether there was more than one attacker – etc. Each case will be determined on its own particular facts. The Courts will balance the need for general deterence and specific deterence against the prospect of rehabilitation.
If charged or under investigation for the offence of aggravated assault it is important that you consult with a lawyer as soon as possible. Every person has the right to remain silent. You need only state: “I have nothing to say”. You should not try to determine what is a safe question to answer, and what is not. There is no need to try to explain yourself to the police and the failure to provide a statement cannot be used against you in a court of law.
If arrested, detained or a possible suspect under investigation, call counsel as soon as possible .
What the Criminal Code says: Section 268 - Aggravated Assault
Aggravated Assault – Section 26(1)
Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Punishment – Aggravated Assault
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Excision
(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where
(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
(b) the person is at least eighteen years of age and there is no resulting bodily harm.
Consent
(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
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