toronto assault causing bodily harm lawyer criminal code 267Assault Causing Bodily Harm Lawyer

Assault Causing Bodily Harm charges are far more serious than simple assault cases given the injuries involved.  The crown attorney must prove beyond a reasonable doubt that an assault occurred and that the victim suffered bodily harm.  Causation is an element of the offence, which means the crown must also prove that the accused person’s violence must have been a contributing cause, and not simply minimal or insignificant cause of the injuries sustained.

The Criminal Code of Canada states:
267. Every one who, in committing an assault,
(b) causes bodily harm to the complainant,
is guilty

Common defences to Assault with a Weapon charges include:  defence of person (self-defence), defence of property and Accident/Mistake.  For public policy and safety reasons, the law prohibits consensual fights which result in bodily harm and were intended to cause bodily harm.  This means that consent may amount to a defence to a charge of Assault Causing Bodily Harm as long as bodily harm was not intended.  If you’re facing an assault charge you need to tell your lawyer exactly what happened to allow he/she to explore any potential defences in your case.  Call our office now to setup a consultation.

What is Bodily Harm?

Section 2 of the Criminal Code of Canada states:
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 in nature

Police typically lay the more serious offence of Assault Causing Bodily Harm in instances where the victim suffers injuries such as: a bloody nose, serious bruising, lacerations, broken teeth and broken bones.  If the injuries go beyond this the police have the option of laying the offence of Aggravated Assault.

What is the Punishment for Assault Causing Bodily Harm?

Assault Causing Bodily Harm is a hybrid offence, which means the crown attorney can elect to proceed by way of summary conviction or indictment. If the crown proceeds by way of summary conviction the maximum penalty is a $5,000 fine and/or eighteen months in a provincial jail.  If the crown elects to proceed by indictment the maximum penalty under section 267 of the Criminal Code is ten years in a penitentiary.   Summary conviction offences typically carry a maximum penalty of a $5,000 fine and/or six months’ imprisonment.  Assault Causing Bodily Harm (like Sexual Assault, Uttering Death Threats and Assault with a Weapon) is a “super-summary” offence which carries an increased maximum penalty.  It is not uncommon for crown attorneys to seek incarceration upon conviction in such cases.

If you or a loved one have been charged with an Assault and are looking for an experienced criminal defence lawyer, call our office now and setup a consultation.

Mike was extremely professional, efficient and truly took care of everything for us. You’re in good hands with Michael Juskey.
– J.M.

toronto domestic assault lawyer

Recent Successes:

R v. J.B.
Assault with a weapon, assault causing bodily harm (criminal code section 267(b)) and forcible confinement charges withdrawn. No criminal record.

R v M.P.
My client was charged with assault causing bodily harm stemming from a physical altercation in a Toronto night club. The complainant suffered serious injuries and was also charged as a result of allegations from earlier in the evening. Resolution discussions lasted nearly a year and eventually the charge was withdrawn. No jail. No criminal record.

R v M.B.
Client’s charge of Assault Causing Bodily Harm was withdrawnNo jail. No criminal record.

Frequently Asked Questions:

What are Defences to Assault Charges?
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What Happens if I get Arrested?
What is a Bail Hearing?
What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work?  

If you or a loved one have been charged with Assault click here to setup a free consultation.

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