Assault Causing Bodily Harm Lawyers in Toronto

Assault is a serious criminal offence under the Criminal Code of Canada. It’s categorized into several levels, based mainly on any resulting injuries, including assault with a weapon, simple assault, aggravated assault, and assault causing bodily harm. In this article, we’ll look into assault causing bodily harm and the consequences that one may face if convicted. It’s good to note that regardless of the assault charge you’re facing, having an experienced criminal defence attorney plays a significant role in determining the results of your case. Therefore, if you’re accused of assault, contact an expert assault lawyer in Toronto for legal guidance.

About Zamani Law

Zamani Law is a reputable criminal defence firm in Toronto that provides legal services to clients charged with criminal offences. The firm was founded by Farid Zamani, one of the most distinguished and respected lawyers in Ontario. The firm’s primary focus is to successfully defend clients facing criminal allegations through meticulously planned and executed strategies. This is evident in our past cases and the testimonials provided by our previous clients. At Zamani Law, legal professionals, including lawyers and paralegals, work as a team in every case to analyze all the evidence, witnesses, and other details, ensuring that your case is skillfully handled and all the possible defence strategies are explored. When it comes to assault charges, including assault causing bodily harm, we have years of experience successfully defending persons charged with such and related offences. We guide and protect them throughout the justice process, i.e., from bail hearing to trial, and strive to attain the best possible outcome in every assault case. Zamani Law believes that everyone accused of perpetrating a crime deserves the best legal representation, a right guaranteed by the Charter of Rights and Freedoms. Therefore, if you’re facing an assault causing bodily harm charge, contact our firm for a free, no-obligation consultation.

What Is Assault Causing Bodily Harm?

Assault causing bodily harm falls above simple assault and below aggravated assault, making it a “moderately-severe” criminal offence in the assault category. To understand the offence, let’s first take a look at the meaning of assault as provided by section 256(1) of the Criminal Code of Canada:

• A person commits an assault when

1. without consent of another person, he applies force intentionally to that other person, directly or indirectly;
2. he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
3. while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

With the definition of assault in mind, assault causing bodily harm can be termed as an assault that results in physical harm to the complainant.

But what constitutes bodily harm?

According to section 2 of the Criminal Code, bodily harm means “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling (of small significance) in nature.” The injuries that constitute bodily harm are typically not as severe as those of aggravated assault. At Zamani Law, we are well-versed with the law regarding assault causing bodily harm, which we utilize to protect our clients. If you or your loved one are accused of this or other assault offence, don’t hesitate to get in touch with us for legal counsel.

Legal Defences to Assault Causing Bodily Harm

The availability and strength of legal defences to the charges of assault causing bodily harm vary per specific case details. Some of the most common defences to these charges are:

• Self-defence

This is one of the most common defences in assault causing bodily harm allegations. It’s applicable when you or someone else was being attacked and, as per the circumstances, you used proportional force to defend yourself or that person. According to Canadian Criminal Law, everyone has the right to repel force using force, as long as the force applied is not intended to cause death or severe bodily harm.

• Accident

One of the main and most essential elements of an assault charge is the intentional application of force to another person. Therefore, if you accidentally bump into someone and they incur bodily harm, it cannot be regarded as an assault as it was not intentional. In every assault case, the prosecution has to prove beyond a reasonable doubt that the application of force was deliberate. Other defence strategies include

• Factual innocence (you did not commit the assault)
• Violation of constitutional rights
• Defending property

Note that unlike in simple assault cases, consent is not a legal defence to a charge of assault causing bodily harm.

Punishment for Assault Causing Bodily Harm

Assault causing bodily harm is a hybrid offence. This means that the Crown Attorneys choose whether to prosecute the charge as an indictable or summary offence, each with varying penalties. As a summary offence, assault causing bodily harm has a jail sentence of up to 2 years less a day. On the other hand, an indictable offence carries a maximum jail term of 10 years. When facing such lengthy incarceration upon conviction, it’s advisable to retain an experienced criminal defence lawyer to fight for your rights and freedoms. Apart from imprisonment, a conviction for assault causing bodily harm has other outcomes, including probation and fines, which may still be devastating to your life. An experienced assault lawyer can help alleviate or avert the consequences of assault causing bodily harm charges. Depending on the case against you, there’s even a possibility of getting the charges withdrawn. If you or someone you know is charged with assault causing bodily harm, contact our Toronto criminal defence lawyers for a free consultation.

Contact Experienced Assault Causing Bodily Harm Lawyers in Toronto

If you are accused of perpetrating assault causing bodily harm, it’s vital to retain a skilled attorney to defend you. Zamani Law has expert criminal defence lawyers who are well-versed in Criminal Law and extensively experienced in defending persons facing assault causing bodily harm charges. Please call Zamani Law at 647-697-6954 to schedule a free, no-obligation consultation. Our team will thoroughly review the case against you and devise a precise strategy to attain the best possible results.