The charge of aggravated assault is taken extremely seriously by Police, Crown Prosecutors and Judges.
Aggravated assault requires the wounding, maiming, disfigurement or endangerment of the alleged victim’s life.
- A “wound” is considered to be any injury that punctures or breaks the skin;
- “Maiming” refers to an injury which affects the ability to defend themselves back;
- A “disfigurement” is an injury that has an effect on the appearance of a person. A disfigurement may be temporary or permanent;
- Finally, “endangerment of life” means that the alleged victim’s life was in peril, such as being victim of a gunshot wound.
Unlike assault or assault causing bodily harm/assault with a weapon, aggravated assault is what is called a “straight indictable” offence. Indictable offences are considered serious offences and can attract a significant length of incarceration.
When You Are First Charged
Unlike other forms of assault, you will be held in custody upon arrest. You will be required to have a Bail Hearing and may only be released by an order made by a judge or justice. Given the seriousness of the offence and the difficulties in obtaining bail when charged with aggravated assault, it is crucial to retain legal counsel. If the alleged assault occurred in certain circumstances, such if a weapon was utilized, it is the burden of the accused to demonstrate why bail is suitable. If you are denied bail, you will be held until your trial. Mr. Ziv can make substantial submissions to the Court on your behalf during a Bail Hearing.
What You Can Expect
Aggravated assault is an extremely serious offence of violence, second only in seriousness to homicide. A conviction is likely to have significant consequences and it is important that all options are thoroughly explored. Mr. Ziv will assess all possible strategies and defences available to you.
Sentencing
Aggravated assault is a serious crime with significant likelihood of incarceration if convicted. Possible sentences for a conviction under s 268 of the Criminal Code of Canada include:
- Jail (Up to life incarceration)
- Fines
- Probation
- Ancillary Orders such as: Record of DNA in national police database, weapons prohibition, delayed parole, restitution.