How is Aggravated Assault Different from Simple Assault?
Aggravated assault requires that a person commit an assault wherein the complainant is wounded, maimed, disfigured, or his or her life is endangered as a result of the assault. Wounding another person requires only that the complainant’s skin is broken.
Aggravated assault is not an offence that requires specific intent on the part of the accused person, rather there only requires objective foresight on the part of the accused. Furthermore, the conduct of the accused must have resulted in more than the potential to endanger the complainant’s life, the Crown Attorney must prove that the conduct of the accused did endanger the life of the complainant.
Penalty for Aggravated Assault
Because of the serious nature of the offence, aggravated assault is a strictly indictable offence, and is a criminal offence that the Crown will seek a jail term upon conviction. While there is no minimum penalty for aggravated assault, the maximum penalty upon being found guilty of aggravated assault is 14 years imprisonment. Aggravated assault is an offence where a conditional sentence is not available. Therefore if you are convicted for aggravated assault you can expect that you will be going to jail for a period of time.
If you are convicted of aggravated assault you will be subject to a mandatory weapons prohibition order pursuant to s. 109 of the Criminal Code of Canada. There is also a mandatory weapon forfeiture order pursuant to s. 491.
If the Crown Attorney deems it appropriate, it can also bring an application to have you declared a dangerous offender. Aggravated assault is also a primary designated offence for a DNA data bank order under s. 487.051 of the Criminal Code.
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Aggravated assault is a very serious offence and you can expect to receive a jail sentence if you are convicted. If you have been charged with aggravated assault, contact me immediately and arrange a free consultation.