Assault Causing Bodily Harm
Assault causing bodily harm is a form of assault. It is frequently charged alongside other offences, including uttering threats, mischief or others. It is more serious than assault because of the harm caused by the alleged acts of the perpetrator. It can occur in a variety of circumstances including in the domestic context or otherwise.
Misha has extensive experience assisting people charged with assault causing bodily harm and related offences. Misha has achieved acquittals after trial, and, following convictions, has obtained excellent results.
What is Assault Causing Bodily Harm?
Assault causing bodily harm is a hybrid offence found in section 267 of the Criminal Code. Prosecuted by summary conviction, the maximum sentence is 18 months in jail. Prosecuted by indictment, the maximum sentence is 10 years.
Bodily harm is an injury caused by an assault that is non-trivial in nature, but not so serious to amount to wounding, maiming, or disfiguring. Where a person who has been allegedly assaulted has injuries, the police will usually charge the alleged perpetrator with assault causing bodily harm.
What is the Penalty for Assault Causing Bodily Harm? Is there Jail Time?
The maximum penalty for assault causing bodily harm is 10 years of jail time according to the Criminal Code of Canada. There are a several other possible outcomes for a criminal charge of Assault Causing Bodily Harm, including probation, fines, and the possibility of having your charges withdrawn.
What happens if you're charged with Assault Causing Bodily Harm?
Anyone charged with assault causing bodily harm, 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 assault causing bodily harm, or if they are being held for bail.
Why shouldn't I just plead guilty to Assault Causing Bodily Harm?
A criminal conviction for assault causing bodily harm 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, for 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 before deciding to plead guilty.
First Time Assault Causing Bodily Harm Charges
The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including First Time Assault Bodily Harm, 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 assault charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.
Assault Causing Bodily Harm Legislation
Assault with a weapon or causing bodily harm
267 Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.