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Toronto Aggravated Assault Lawyer Michael P. Juskey will fight to achieve the best possible result in your assault case. In Canadian criminal law assaults are categorized by the level of severity of the alleged injuries. The Criminal Code of Canada contains provisions for all types of assaults (sexual assault, assault peace officer etc.) but has three specific offences which deal with violent acts. The three levels of violent assault in canada are: simple assault, assault causing bodily harm and Aggravated Assault. Aggravated assault is by far the most serious and is punished by incarceration. It is a straight indictable charge that always results in a bail hearing when laid by the police.
Wounding, maiming, disfiguring or endangering life are particularly serious statutory terms which set out the level of injury that must be proven to register a conviction for aggravated assault. In terms of seriousness, the next level up from Aggravated Assault is attempted murder, and then Homicide. It is important to note that the crown does not need to prove that the accused intended to wound, maim, disfigure or endanger the life of the victim. The offence is proven if the crown’s evidence can establish that the accused committed an assault and had an objective foresight of the risk of bodily harm. An example would be an individual pushing someone else intentionally, the victim falling to the ground and splitting their head open on the pavement.