Ines Gavran –
Toronto Assault Bodily Harm Criminal Defence Lawyer
It is very important to consult and retain a criminal defence lawyer when a person is charged with an assault causing bodily harm.
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Criminal Defence Lawyer Assault Causing Bodily Harm charges – Toronto, Brampton, Mississauga, North York
An assault causing bodily harm is a more severe form of assault than simple assault. It is a hybrid offence and it is the Crown’s choice to proceed either summarily or by indictment, which informs the person charged of the maximum punishment that may be imposed if convicted of assault causing bodily harm. It is very important to consult and retain a criminal defence lawyer when a person is charged with an assault causing bodily harm in order to determine if any defences exist and can be put forward from the start of the case. One of the defences available, depending on the specific circumstances of the case, is self-defence, under section 32(1) of the Criminal Code, as long as the act committed is reasonable in the circumstances. In some cases, a defence that may be available, depending on the circumstances of the case, is the complainant’s consent to a fight or the accused’s person honest but mistaken belief in complainant’s consent to fight.
Assault Causing Bodily Harm charges
Aggravated Assault
What is an Assault Causing Bodily Harm?
A person commits assault causing bodily harm if he or she intentionally use force against another person without the other person’s consent and where, as a result of the intentional force, that person causes injury to the other. Under section 267(b) and section 2 of the Criminal Code, assault causing bodily harm is defined as assault (visit our “assault” page for further info) that causes any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. Injuries that may be considered “bodily harm” can include extensive bruising, cuts requiring stitches, a broken bone, and head injuries. In addition, assault causing bodily harm is an included offence of aggravated assault, but the latter being a more severe form of assault than simple assault and assault causing bodily harm. Psychological harm that impacts a person’s mental health can also constitute assault causing bodily harm. However, it must also be objectively foreseeable that a risk of bodily harm would occur. In other words, the Crown must prove that the person’s behavior had a chance of causing any sort of non-trivial injury to the other person, even if the person did not intend to cause significant harm.
Punishment for Assault Causing Bodily Harm
If the allegations of the case are very serious, the Crown may choose to proceed with the criminal charge by way of “indictment”, where the maximum imprisonment sentence for up to ten years. However, in less serious cases, the Crown can choose to proceed “summarily”, where a person is liable for a jail term not exceeding 18 months. Even in cases where the Crown is not asking for a jail sentence, a conviction can result in a criminal record, probation of several months and possibly years, non-communication order, as well a DNA order.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with assault causing bodily harm, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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