Assault Causing Bodily Harm Lawyers in Calgary

Assault Causing Bodily Harm is defined under Section 267 of the Canadian Criminal Code. This charge applies when an individual commits an assault that results in bodily harm to the victim, where bodily harm refers to any injury that significantly impacts the victim’s health or comfort and is more than minor or temporary.

The offence can be prosecuted either as a summary conviction or as an indictable offence. If prosecuted as an indictable offence, the maximum punishment is imprisonment for up to ten years. If prosecuted by summary conviction, the maximum penalty is imprisonment for up to eighteen months.

This dual approach allows the legal system to address the varying degrees of severity and circumstances surrounding each case, ensuring appropriate penalties that reflect the seriousness of causing physical harm to another person. The Canadian legal framework thus emphasizes both accountability and proportionality in dealing with such offences.

Key Takeaways

• Severity of the Charge: Assault Causing Bodily Harm is a serious offence under Section 267 of the Canadian Criminal Code, involving assault that results in significant injury to the victim.
• Jail Sentence:
  • Indictable Offence: Up to 10 years imprisonment.
  • Summary Conviction: Up to 18 months’ imprisonment.
• Bail Conditions: Bail may be granted, but conditions often include restrictions such as no contact with the victim, staying away from certain locations, and possibly surrendering passports. Compliance with all court dates and conditions set by the court is mandatory.
• Defending the Charges: Charges can be contested and potentially beaten in court. Defence strategies may include proving self-defence, lack of intent, or challenging the credibility of evidence and witnesses.

How can an assault-causing bodily harm lawyer in Calgary help?

Hiring a criminal defence lawyer in Calgary for an Assault Causing Bodily Harm charge provides critical advantages.

Precharge legal advice helps you understand your rights and prepares you for potential charges. A lawyer ensures protection from self-incrimination by advising on what to say and avoid during investigations. They expertly navigate conversations with law enforcement, safeguarding your interests. Lawyers are proficient in gathering evidence and interviewing witnesses, crucial for building a strong defence. They can retain expert witnesses to provide specialized testimony that supports your case.

Navigating the complexities of the criminal justice system and court process is another key benefit, as lawyers ensure all legal procedures are properly followed.

Finally, they provide representation during trial, advocating on your behalf, challenging the prosecution’s evidence, and striving to achieve the best possible outcome.

Assault Causing Bodily Harm Charge in the Criminal Code of Canada

Assault Causing Bodily Harm is covered under Section 267 of the Canadian Criminal Code. This section deals with more severe forms of assault where the victim suffers bodily harm, defined as any injury that significantly impacts the victim’s health or comfort and is more than merely transient or trifling.

The offence can be prosecuted either as a summary conviction or as an indictable offence, with penalties varying accordingly. The legal framework ensures that the punishment reflects the severity of the harm caused, offering flexibility in the judicial process based on the case’s specifics.

According to s. 267 of the Criminal Code:

Examples of Assault Causing Bodily Harm Charges

Some examples of Assault Causing Bodily Harm Charges:

• Pub Incident: During a late-night altercation in a bar, one individual punches another in the face, resulting in a broken nose and a concussion. The severity of the injuries leads to the attacker being charged with Assault Causing Bodily Harm under Section 267 of the Canadian Criminal Code. The significant and lasting impact on the victim’s health elevates the charge beyond simple assault.

• Domestic Violence: In a domestic dispute, one partner throws the other against a wall, causing a fractured rib and multiple bruises. The aggressor is charged with Assault Causing Bodily Harm due to the serious nature of the injuries inflicted. This charge reflects the Canadian legal system’s commitment to addressing and penalizing domestic violence effectively.

• Road Rage Incident: Following a traffic altercation, one driver leaves their vehicle and physically attacks another other driver, resulting in a dislocated shoulder. The attacker is charged with Assault Causing Bodily Harm.

• Highschool Altercation: A high school student severely beats another student, resulting in a broken arm. The aggressor is charged with Assault Causing Bodily Harm, given the extent of the harm caused.

• Sporting Event Altercation: During a hockey game, a player intentionally hits another player with their stick, causing a deep laceration and a concussion. The offending player is charged with Assault Causing Bodily Harm due to the deliberate and harmful nature of the attack.

What are the consequences of an assault-causing bodily harm charge?

Assault Causing Bodily Harm is classified as a hybrid offence under Section 267 of the Canadian Criminal Code. This means it can be prosecuted either as a summary conviction or as an indictable offence, depending on the severity of the incident and the circumstances surrounding the case. The decision on how to proceed is typically made by the Crown prosecutor, considering factors such as the extent of the injuries and the context of the assault.

There are no mandatory minimum fines specifically outlined for Assault Causing Bodily Harm. If prosecuted as a summary conviction, fines can be imposed at the discretion of the court, with the maximum fine for a summary conviction offence in Canada being up to $5,000. For indictable offences, fines are less commonly imposed and are typically determined based on the specifics of the case and the court’s discretion.

The potential jail sentences vary significantly depending on whether the offence is prosecuted summarily or as an indictable offence. For a summary conviction, the maximum jail sentence is 18 months, with no mandatory minimum sentence. In contrast, if prosecuted as an indictable offence, the maximum imprisonment term is up to 10 years, again with no mandatory minimum sentence. This range allows the court to consider various factors, such as the offender’s criminal history, the severity of the harm caused, and any mitigating circumstances.

Assault Causing Bodily Harm Charge Defences

Defending against an Assault Causing Bodily Harm charge requires a strategic approach tailored to the specifics of the case. Various defences can be employed to challenge the prosecution’s evidence and establish reasonable doubt. Common defences include self-defence, where the accused argues they acted to protect themselves from imminent harm; consent, where it is claimed that the victim consented to the physical contact; and mistaken identity, where the accused asserts, they were not the perpetrator. Additionally, the defence may challenge the credibility of witnesses or the admissibility of evidence.

• Self-Defence: Self-defence is one of the most commonly used defences in assault cases, including Assault Causing Bodily Harm. The accused must demonstrate that they reasonably believed they were in imminent danger of harm and that their response was proportionate to the threat faced. For this defence to be successful, the force used must not exceed what was necessary to repel the attack.

• Consent: The defence of consent argues that the victim voluntarily agreed to the physical contact that resulted in bodily harm. This defence is more challenging to prove in cases involving serious injury, as the court must determine whether the consent was informed and freely given. Additionally, certain forms of violence, such as those resulting in significant bodily harm, may not be legally consented to, even if the victim verbally agreed.

• Mistaken Identity: Mistaken identity can be a viable defence if the accused can show that they were not the person who committed the assault. This defence often involves presenting alibi evidence, such as witnesses or surveillance footage, to prove the accused was elsewhere at the time of the incident.

• Lack of Intent: For an Assault Causing Bodily Harm charge, the prosecution must prove that the accused intended to cause bodily harm. The defence can argue that the harm was accidental or unintentional. For instance, if the accused was involved in a physical altercation but did not intend to cause significant injury, this lack of intent can be a mitigating factor.

Assault Causing Bodily Harm Charge Investigation

The investigation process for an Assault Causing Bodily Harm charge begins when law enforcement is notified of the incident. Officers first secure the scene to ensure safety and preserve evidence. They then provide medical assistance to the victim if needed and document any visible injuries through photographs and medical reports.

Witnesses are identified and interviewed to gather firsthand accounts of the incident. These statements are crucial as they can corroborate or contradict the victim’s and suspect’s versions of events. The suspect may also be interviewed, but they have the right to remain silent and seek legal counsel.

Physical evidence is collected, which may include weapons, clothing, and any other items that could be relevant to the case. Forensic experts may be called in to analyze this evidence. Surveillance footage from nearby cameras can also be reviewed to provide additional context or identify the perpetrator.

Law enforcement then compiles all gathered information into a comprehensive report, which is forwarded to the Crown prosecutor. The prosecutor reviews the evidence to determine if there is sufficient basis to lay charges. If charges are laid, the case proceeds through the judicial system, where both the defence and prosecution present their arguments and evidence in court.

Bail Conditions for Assault Causing Bodily Harm Charges

When an individual is charged with Assault Causing Bodily Harm, the court imposes bail conditions to ensure the accused complies with legal requirements and to protect the community and the victim. One of the most common conditions is a no-contact order, which prohibits the accused from contacting the victim or any witnesses involved in the case. This measure aims to prevent intimidation, harassment, or further harm to those affected by the incident. Additionally, geographic restrictions may be imposed, restricting the accused from visiting specific areas such as the victim’s home, workplace, or other locations where the victim is likely to be present.

Another typical bail condition is the imposition of a curfew, requiring the accused to remain at their residence during specified hours, usually overnight. The court may also require a surety, a person who agrees to supervise the accused and ensure compliance with bail conditions. The surety may be financially liable if the accused breaches any conditions, adding an extra layer of accountability.

Regular check-ins with a bail supervisor or local police station are often mandated to confirm that the accused is adhering to the set conditions. Additionally, the accused is generally prohibited from possessing any weapons, including firearms, knives, or other objects that could be used to cause harm. If substance abuse is a factor in the case, the accused may be required to abstain from drugs and alcohol and potentially undergo regular testing to ensure compliance.

Breaching any bail conditions can result in immediate arrest and potential revocation of bail, leading to the accused being held in custody until their trial. This system ensures that the accused remains accountable, and that the safety of the community and the victim is prioritized.

Frequently Asked Questions Assault Causing Bodily Harm

Will an assault causing bodily harm charge show on my criminal record while the case is ongoing?

Yes, once you are charged, the details of the charge are recorded and can be accessed by law enforcement and other relevant authorities. However, it is important to note that this does not imply guilt, as the charge is still subject to the judicial process and a final verdict has yet to be reached.

Can I travel while an assault causing bodily harm case is ongoing?

Travel while an assault causing bodily harm case is ongoing depends on the bail conditions set by the court. Often, these conditions include travel restrictions, especially international travel, to ensure the accused remains available for court appearances. You may need to seek court permission for any travel plans.

Can I go to jail for assault causing bodily harm charges?

Yes, you can go to jail for assault causing bodily harm charges. The severity of the punishment depends on whether the charge is prosecuted as a summary conviction or as an indictable offence. If prosecuted summarily, the maximum jail sentence is 18 months. If prosecuted as an indictable offence, the maximum imprisonment term can be up to 10 years. The court considers various factors, such as the severity of the harm caused, the circumstances of the assault, and the offender’s criminal history, when determining the appropriate sentence.

Do I have to tell my employer about assault causing bodily harm charges?

Whether you must inform your employer about assault causing bodily harm charges depends on your employment contract and workplace policies. Failing to disclose such information when required can result in disciplinary action or termination. Consult your employment agreement and consider seeking legal advice.

Related Offences

• Assaulting a Peace Officer: Assaulting a Peace Officer involves intentionally applying force to a law enforcement official, such as a police officer, while they are performing their duties, without their consent.
• Assault with a Weapon: Assault with a Weapon involves attacking or threatening to attack someone using a weapon or an object intended to be used as a weapon, causing harm or fear of harm.
• Aggravated Assault: Aggravated Assault involves attacking someone and causing severe injury, often resulting in serious bodily harm, disfigurement, or endangering the victim’s life, reflecting a higher level of violence.
• Choking: Choking involves intentionally obstructing someone’s breathing or blood flow by applying pressure to their throat or neck, often during an assault, posing a significant risk of serious injury or death.
• Domestic Violence: Domestic Violence involves abusive behavior by one partner towards another in an intimate relationship, encompassing physical, emotional, psychological, or financial abuse.