Assault causing bodily harm requires:
- Assault – The intentional application of force to another person without their consent.
- Bodily Harm – The Criminal Code of Canada defines bodily harm as any hurt or injury to a person that interferes with the health or comfort of the person that is more than merely transient or trifling. Bodily harm may be as a minor as a lasting bruise.
- The bodily harm was caused by the accused –The Crown Prosecutor must be able to prove that the injury was caused by the alleged assault. This may require medical documentation.
Assault causing bodily harm can be prosecuted in two ways: through summary conviction or indictment. This is a decision made with the Crown Prosecutor’s discretion.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Alternatively, indicatable offences are considered to be more serious and generally have a higher punishment at sentencing.
What You Can Expect
It is important to call us right away at 780-686-7948 if you are charged with assault causing bodily harm. A conviction can result in a criminal record which could result in a number of challenges. You may be prohibited from entering certain countries and could also face obstacles in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional, and severe, immigration consequences.
While a number of defences may be available to you, the best defence is a thorough and properly executed one. Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
When You Are First Charged
When you are charged you may or may not be arrested by Police. You may be given an Appearance Notice or Promise to Appear without being formally arrested. If you are formally arrested and taken into police custody, you may be released on an Undertaking which may contain conditions. It is important to retain the documents that Police give you. These notices will inform you of the date and time of your first appearance in Court.
It will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged with assault causing bodily harm in St. Albert, you will likely be required to attend at the Provincial Court in St. Albert, even if you live in Morinville. Some rural communities in Alberta do not have a Courthouse and you be required to attend Court in a neighbouring town.
In some situations, you may be detained and require a Bail Hearing. A Justice will decide if you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, it is important that you follow them as you can face additional charges if they are not followed (often referred to as “breaching” your conditions). Such conditions may include not attending at a certain address (such as were the alleged assault occurred or where the alleged victim lives), refraining from contacting the alleged victim or not possessing weapons or alcohol and/or drugs.
You may also be required to attend a police station to provide fingerprints. Failure to do so will likely result in additional charges.
Sentencing
While each case is unique, possible sentences for a conviction under s 267(b) of the Criminal Code of Canada (assault causing bodily harm) include:
- Jail (Up to 14 Years)
- Fines
- Probation
- Discharge
- Ancillary Orders such as: Record of DNA in national police database, weapons prohibition, delayed parole, restitution.