Aggravated Assault

Aggravated assault is a serious form of assault. It is an indictable offence that requires proof of an assault – non-consensual contact with another person – and serious injury as a result. The consequences of a conviction for aggravated assault are often significant because of the serious nature of the injuries. Misha has experience in defending people charged with aggravated assault and has obtained acquittals following jury trials for his clients. Contact Misha if you have been charged with aggravated assault.

What is Aggravated Assault?

Aggravated assault is an assault that wounds, maims or endangers the life of the victim or complainant. In prosecutions for aggravated assault, the intention ‘to maim’ is not relevant. If the accused person intends to assault the victim or complainant, and does assault the victim or complainant, then the accused person is guilty if the effect of the assault is to ‘wound, maim or endanger the life’ of the victim or complainant.

What is the Penalty for Aggravated Assault? Is there Jail Time?

The maximum penalty for aggravated assault is 14 years of jail time according to the Criminal Code of Canada.  Jail sentences are common following convictions for aggravated assault, though Misha has obtained other excellent results including non-custodial dispositions and withdrawals of charges.

What happens if you're charged with Aggravated Assault?

Anyone charged with aggravated assault, has a right to counsel. The police must inform you of the reason for your arrest and must make reasonable efforts to assist you to speak with your counsel of choice. Typically, if you are brought to a police station, they will give you an opportunity to speak with your lawyer of choice in a private room.

Depending on the seriousness of the offence and the circumstances of the case, the police may release you from the station or may hold you for a bail hearing. If you are held for bail, they will advise you so that you may make arrangements to contact a lawyer and assist you in contacting your friends or family to act as sureties for your bail. You have a right to be brought before a Justice or Judge within a reasonable time but in any event within 24 hours of your arrest.

At your bail hearing, your lawyer and the Crown will argue about whether you should be released from custody and, if so, what reasonable terms of bail should be imposed. Any person charged with a crime has a right to a reasonable bail.

Contact Misha if a friend or family member has been charged with an offence, or if they are being held for bail.

Why shouldn't I just plead guilty to Aggravated Assault?

A criminal conviction for aggravated assault can have consequences far greater than the sentence imposed by the judge. A criminal conviction can have consequences for employment, immigration status in Canada, access to children as part of any family law proceedings, crossing the border to the United States and elsewhere, and any number of other consequences. While many people may be tempted to plead guilty ‘to get it over with’ a criminal conviction with all its consequences can last for a long time, perhaps forever. A snap decision may be the wrong decision. As experienced trial counsel, Misha can advise you of the strong or weak parts of the Crown’s case. While some cases are strong – and pleading guilty may be a reasonable option – many others are not. Some people are not guilty and guilty pleas are only for guilty people. Experienced trial counsel can negotiate a better deal or successfully represent you at trial.

Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel Misha Feldmann if you are contemplating pleading guilty.

First Time Aggravated Assault Charges

The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including aggravated assault, for the first time are treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.

Aggravated Assault Legislation

Section 268 of the Criminal Code Covers this Charge

Aggravated assault

268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Marginal note:Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Excision

(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

(b) the person is at least eighteen years of age and there is no resulting bodily harm.

Marginal note:Consent

(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).


Source: Canadian Criminal Code, Section 268