Assault with a Weapon & Assault Causing Bodily Harm
In the Criminal Code of Canada, Section 266 states that an assault has taken place when a person applies intentional force onto another person, either directly or indirectly. Assault Causing Bodily harm builds on this and is found in Section 267. Section 267 explains that for an assault to include bodily harm, the person committing the assault actually caused the bodily harm.
Assault with a Weapon or Assault Causing Bodily Harm as defined by the Criminal Code of Canada Section 267
In the Criminal Code of Canada, Section 267 defines Assault with a Weapon or Causing Bodily Harm as:
Everyone 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.
A weapon is broadly defined. It can be anything provided it is designed to be used or intended to be used to cause death or injury to a person or to threaten or intimidate a person. Remember, a person can even be charged with assault with a weapon if they threatened to use a weapon and did not have one at the time.
The Criminal Code defines bodily harm as any injury that interferes with the health or comfort of a person and is more than transient or trifling in nature. ‘Transient or trifling in nature’ is generally understood to include a short amount of time and very minimal injury.
Why should you hire the Vaughan Criminal Lawyers at Capulli Law for your assault related charges?
Assault with a weapon or Assault Causing bodily harm is classified as ‘hybrid offences’ and the penalty depends on how the Crown decides to move forward. If the Crown decides to elect as a summary conviction the maximum penalty is $5000 or 18 months imprisonment or both. If the Crown decides to move forward by indictment the maximum term of imprisonment is 10 years. At Capulli Law, our Vaughan Criminal lawyers understand these consequences could be dire.
It is crucial that you contact Capulli Law and speak to one of our Vaughan criminal lawyers who will vigorously defend your case. The consequences of an Assault with a Weapon or Assault causing bodily harm can be severe and have very negative repercussions. It is imperative that you have a dedicated Criminal Lawyer to represent you. Our Vaughan Criminal Lawyers will always put your needs first and make sure that you are properly informed and prepared for every step of the way. Call us today at (647) 504-6878 to set up a free no obligation consultation with one of our Vaughan Criminal Lawyers.