In Canada, the term โassaultโ covers a very wide range of offences, from raising a fist in a threatening manner to stabbing someone.
If you are facing simple assault charges in Canada, you may be wondering, โIs assault an indictable offence?โ The answer determines the type of penalties that the court can impose and how the case will proceed. In this guide, a simple assault lawyer discusses how the police and the courts handle this charge.
What is Simple Assault in the Criminal Code?
Simple assault is covered in Section 266 of the Criminal Code of Canada. It is the most basic type of assault and happens when someone:
(a) Intentionally applies force to another person, directly or indirectly, without that personโs consent.
(b) Attempts or threatens to apply force to another person.
(c) Accosts or impedes another person while openly carrying a weapon (or something that looks like one).
Some common examples of simple assault are:
- Spitting on someone, slapping or shoving them.
- Grabbing someoneโs arm to stop them from leaving.
- Throwing a drink at someone.
- Blocking someoneโs path in a threatening way.
- Making a verbal threat while raising your fist or stepping aggressively toward the person.
Although some of these actions may not sound like serious criminal offences, they are taken very seriously by the criminal justice system, and people have been charged with assault for these very things.
What is Simple Assault Compared to Other Assault Charges?
In addition to simple assault, the Criminal Code recognizes these charges, each with different potential penalties.
- Assault Causing Bodily Harm (Section 267): Involves physical injury that is more than minor, such as bruising, cuts, or broken bones.
- Assault with a Weapon (Section 267): Happens when a person uses or threatens to use a weapon during an assault. Note that the weapon does not have to be a traditional weapon such as a knife or gun but can include any object that could be used as a weapon.
- Aggravated Assault (Section 268): Involves wounding, maiming, disfiguring someone or endangering someoneโs life.
- Sexual Assault (Section 271โ273): Any non-consensual sexual touching. Charges are more serious if a weapon is used or if bodily harm occurs.
- Assaulting a Peace Officer (Section 270): Assaults against police or other public officers while they are performing their duties.
Is Assault an Indictable Offence or a Summary Offence?
The answer to โIs assault an indictable offence?โ depends on the type of assault and how the Crown (the prosecution) decides to proceed.
Some types of assault, including simple assault charges in Canada, are hybrid offences, meaning that they can be charged either as indictable offences or as summary offences. Indictable offences are considered more serious and carry higher penalties. The court process is also more involved and extensive for indictable offences, and there is no statute of limitations. In contrast, summary offences typically entail a simpler, faster court process, and charges must be laid within 12 months of the alleged offence.
These types of assault are also hybrid offences:
- Assault Causing Bodily Harm
- Assault with a Weapon
- Assaulting a Peace Officer
- Sexual Assault
Aggravated assault and aggravated sexual assault are never charged as summary offences; they are always indictable.
Who Decides If an Assault Is an Indictable Offence?
The Crown is the ultimate decision-maker as to how a crime will be charged: as an indictable offence or a summary offence. They use a variety of factors to make this determination, including the severity of the incident, the accusedโs criminal record, and the level of harm or threat that was involved.
Although the final decision belongs to the Crown, a good simple assault lawyer can play a role in influencing that decision, potentially reducing the severity of the charge and limiting the long-term consequences for their client.
How a Simple Assault Lawyer Can Help
If you are facing simple assault charges in Canada, consult with a simple assault lawyer as soon as possible. Having a skilled legal representative at your side to advocate for you can mean the difference between securing your freedom and spending time in jail with a criminal record that could have a severe impact on your future.
Getting early legal advice is optimal: your simple assault lawyer will help you understand the process, guide you through your bail hearing, and begin negotiating for lesser charges on your behalf. They will also protect your rights and prevent you from making statements or offering evidence that could harm your case.
As your case proceeds, an experienced simple assault lawyer will continue to negotiate for lesser charges by presenting mitigating factors and pointing out weaknesses in the Crownโs case that would make conviction difficult for them.
Should your case proceed to trial, your lawyer will construct a robust defence for you by scrutinizing the evidence, conducting their own investigations, interviewing witnesses, and identifying possible avenues of defence such as self-defence and consent.
Remember that being charged is not the same thing as being convicted, so hire a lawyer as soon as possible. From the time of your arrest to the conclusion of your case, your simple assault lawyer will be there to ensure you get the best outcome possible.
About Zamani Law
Is assault an indictable offence? Consult with the team at Zamani Law for answers. Led by renowned criminal lawyer Farid Zamani, Zamani Law will support you through your simple assault charges and help lower the charges to a summary offence.
With a track record of success defending people just like you, we fight tirelessly for the best outcomes possible, protecting you and your rights throughout your time in the criminal justice system and beyond.
Contact Zamani Law today for a free consultation.
