Assaults are the most frequent type of offence not only in Canada, but around the world. A simple threatening gesture, from one person to another, regardless of the intention, either verbal or physical, can be marked as an assault. If charged, such offences can draw devastating consequences, fatal enough to imprison a person for several years.
While a first-time assault charge in Canada may have lenient repercussions, without prompt action, the situation can go out of hand real quick. But first, you must understand the weight of the charged incident and what may follow. In this blog, you will get everything that there is to know about an assault, its legal aspects, ramifications, recovery chances, and helpful consultation.
What is an Assault Charge in Canada?
The definition of an assault is specified by a special section in the Criminal Code 265(1). In a common scenario, if a person, by any act or gesture, has appeared threatening to another, he has committed an assault. It can be a mere frowning, a push, a word, or, at worst, a showcasing of a weapon that threatens or forces a person without their consent. If the person feels that the offender has the ability or will to carry out that threat, he can claim it as an assault.
The Criminal Code 265 states three definite points to describe such an offence. It holds a person as an assaulter if he:
- Intentionally forces someone against their will
- Makes a person believe that he is being threatened or forced
- Openly carries or wears a weapon or makes a gesture of having one while impeding, or pleading to a person
Types of Assault
Not all assaults are treated the same by the law in Canada. Here are the two basic types:
Domestic
When the offender and the defender of an assault are in a non-platonic relationship, it can be termed a domestic assault. It’s not essential that these people are involved in sexual activities to fall into the domestic category. Rather, if their involvement with each other, either now or in the past, has been intended to get into a romantic or sexual relationship, the offence will be of a domestic type. This is categorically,
- Treated more seriously by the law
- Dealt by a special court
- Resulted in stricter punishments
Non-domestic
Any offence that is not of a domestic type is a non-domestic assault. Any occurrences between parents and children, strangers, or regular acquaintances are examples of this category. They differ from domestic crimes as the law follows a general approach in dealing with them. Such as:
- Sent to the general court, which also deals with theft and mischief
- Taken less seriously than a similar domestic case
- Punishments are less strict, though they depend on the extremity of the act
What is a First Time Assault?
A first-time assault is charged against a person when he has no prior record of committing a similar crime. It’s easier for such offences to plead as a victim of an unfortunate or accidental circumstance. The court usually tries to be lenient while prosecuting a first timer. However, that decision comes after a scrutiny of the background and measuring the severity of the incident.
What Are the Consequences If You’re Charged with a First-Time Assault in Canada?
First-time assaults can transform into serious repercussions beyond common notions. In the worst case, the court will impose a criminal penalty. This can be avoided sometimes, but a criminal record is generally issued.
Criminal Penalties for a First-Time Assault Charge in Canada
The aim of criminal penalties is to discourage the further practice of an act or behaviour in society. But for a convicted, they have long-term critical impacts. Let’s glance over common penalties:
Probation
A probation is the usual outcome for a first-time assault. It’s when the court perceives that rehabilitation is a better alternative to jail. Instead of punishing, probation prioritizes behavioural transformation. It can span a maximum of 3 years, during which the general procedure will be:
- Routine reporting to a probation officer
- Remaining away from unlawful activities
- Informing changes of work or address
Fines
Fines are imposed in cases of summary or minor simple assaults. The financial ability of the accused is evaluated by the court. For the incapacity or falling short in carrying out a fined conviction, a probation may be added as a complementary punishment. As per the Criminal Code 265, an assault may be fined with up to CAD 5,000.
Jail Time
A jail is hardly prescribed for a first-time offender, unless the incident involves aggravated or domestic violence. An imprisonment is only considered fair if the person appears as a threat to public safety. Otherwise, judiciaries may go with a house arrest, which is a short-term jail sentence of under 2 years of period.
Absolute Discharge
These are times when the court finds the allegation too trivial to be punished, but still holds the alleged responsible. It discharges the person from the offence according to Section 730 and also orders a removal from the police record within a year.
Conditional Discharge
Once the conditions of a probation, like counselling and community service, or a fine, are met, the alleged gets amnesty with a purged record.
Criminal Record and Long-Term Consequences
A criminal record is a file that law enforcement authorities maintain to identify and restrict a criminal’s history and activities. In general, a record is drafted instantly after an indictment and kept until a pardon is granted. For discharges, the authority may store the record for 1 to 3 years.
Charged or discharged, an assaulter with an active criminal record will face obstacles and bans in certain situations:
Employment Issues
Performing a certain role in a multinational or corporate workspace may require an employee to go through a license and background checks. A criminal record may cause confusion and complex circumstances, putting reliability in question.
Travel Restriction
While commuting across the states in Canada, a discharge doesn’t necessarily suggest an obligation. When it comes to international travel, unexpected interference from customs may occur. It’s a regular tendency for many countries to take a defensive stand against the minor or major criminal history of a foreigner.
Social Boycott
Even a short stay at a police station or court will stain a person’s social image. With people in the neighbourhood directly avoiding and gossiping around, shifting to a new place often remains the only solution.
Housing issue
A criminal record, showing up during a profile check, damages a tenant’s acceptance by landlords and renting services. Temporary loss of accommodation and struggle in finding a new one disrupts the regular lifestyle.
Can You Avoid Jail for a First-Time Assault Charge in Canada?
Jail time is hardly warranted for a first-time assault. If the possibility of a situation going further south arises, collecting evidence and contacting a legal professional can help mitigate the situation fast.
How to Respond to a First-Time Assault Charge in Canada?
When confronted with a first-time assault, losing mind is only logical as a person completely new to such a condition. But your success in avoiding a major penalty largely depends on a swift response. Here is what you should do:
Get a Hold of Yourself
Calm the initial nervousness by retelling yourself that this is nothing you can’t handle. A rushed and unthoughtful reaction will only worsen the outcome.
Prepare in Advance
Even a premonition about an imminent charge should drive you to a trusted and seasoned legal professional. Write in detail about your account of the incident in an exact sequence. Talk with a witness, if there were any, and think of resources that can be used as supportive proof.
Final Words
When navigating a first-time assault charge in Canada, staying ahead of your opponent is key. Taking a blind step without minding the consequences, which includes years of probation, thousands of fines, and also incarceration, will wipe out your chance to take a last stand. Consulting and hiring a lawyer will help you obtain bail, appear dischargeable, and reduce the intensity of the punishment.
FAQs
Can You Get Bail for Assault in Canada?
Yes. By following the formal procedures, like an appeal followed by a hearing, and an analysis of your charge and chance to flee, the court may grant bail.
Will I Go to Jail for First-Time Assault in Canada?
Applying forces without consent can cause you to get into jail. But in minor cases, like shoving between two brawlers to mediate a dispute, you may be discharged.
What Is the Minimum Sentence for Assault in Canada?
If found guilty by not convicted, the allegation will be withdrawn, which is the case of absolute discharge. It will only burden you with a temporary criminal record.
Can the Victim Drop Assault Charges in Canada?
No. Once the case gets onto the state table, only the Crown prosecutor carries the authority to decide whether or not to advance it further.
Does the Victim Have to Testify in Court?
In an assault, the victim is the key witness. The court will summon them to appear in court and give a live statement.
What Should I Do if I’m Charged with Assault with a Weapon?
Stay quiet without having a lawyer beside. If you don’t have one, find the best criminal lawyer in Canada.