How much more grievous are the consequences of anger than the causes of it – Marcus Aurelius
More than a Simple Assault
When a weapon is alleged to have been involved in an assault or a complainant suffers a notable injury, different types of assault charges can be laid. Being charged with Assault with a Weapon or Assault causing Bodily Harm, are a couple of the more serious charges a person can face, and the punishment that can be imposed with a conviction often reflects the serious nature of these offences.
What is Assault with a Weapon?
The use of a weapon or the threat of a weapon (whether you intended to use it or not) during the course of an alleged assault is enough to bring these charges against you. And the weapon? The weapon, of course, can be almost anything. It could be a recklessly thrown snowball, a knife, gun, bat; a shoe thrown in frustration, or a hockey puck shot by an angry player into a cheering crowd.
What is Assault causing Bodily Harm?
Even if you didn’t intend to hurt anyone, if you acted recklessly or engaged in conduct that was objectively dangerous, causing the complainant to suffer a notable hurt or injury that interferes with their health or comfort (and that is more than a transient or trifling in nature), you can be charged with this serious offence.
What happens next?
In Canada, the courts can elect to proceed with these charges in one of two ways: as a Summary or Indictable offence. Often in deciding how to proceed, the courts will consider factors such as past criminal history, the case’s notoriety, the seriousness of the allegations, court resources, and case complexity.
If you have been charged with a Summary offence, simply put, it is the less serious of the two and can often be resolved quickly by Judge alone, with maximum jail time of no longer than eighteen (18) months. An Indictable offence is more serious, and the court process can become complex and time consuming. An indictable conviction for either Assault with a Weapon or Assault causing Bodily Harm has a maximum jail sentence of no more than ten (10) years. The courts rely on sentences to be a deterrent for future criminal acts, imposing punishments that reflect the serious nature of these offences.
If you have been charged with Assault causing Bodily Harm or Assault with a Weapon, a conviction could cost you more than money and a criminal record. It could cost you your family, your employment and years of freedom. At Batting Wyman, we have the knowledge and experience that you need to achieve the best resolution possible. Call today for your free consultation.