Assault Causing Bodily Harm Canada

Assault Causing Bodily Harm is a crime resulting from the act of intending to apprehend or cause harm to another individual through offensive contact. A verbal or visual threat does not qualify until either direct or indirect contact has been made.

Although assault causing bodily harm incidents are often found in cases of domestic assault, robberies, kidnappings, attempted murders, resisting arrest, the prosecution will always attempt to seek a maximum verdict, or a combination of charges.
If you are facing any of these charges:

The Levels of Severity of Assault Charges in Canada are:

1) Assault
2) Assault Causing Bodily Harm / Assault with a Deadly Weapon
3) Aggravated Assault – (wounding, scarring, maiming, +robbery, +intent to kill, +rape)
4) Attempted Murder
5) Manslaughter (causing death without intent)
6) Murder

Penalties for Assault Causing Bodily Harm in Toronto

Penalties will be dependent upon whether the case is taken to civil or criminal court. But in general, the consequences of causing someone bodily harm will inevitably be dependent on the extent of physical & emotional injury done to the victim, and can be a combination of fines, restitution, community service work, and a jail term. The most serious incidents can result in a prison term of up to 10 years.

For more significant cases of bodily harm, the prosecution may aim for a tougher verdict of aggravated assault, criminal negligence or attempted murder, resulting in stiffer penalties. If a sexual assault, assault of a police officer, or assault with a deadly weapon accompanied the assault, the verdict may be escalated or multiple charges could be laid resulting in an even longer sentence, especially if this is a repeated offence.

The Criminal Code of Canada States:

221 Causing bodily harm by criminal negligence
221 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Have you been charged with Assault Causing Bodily Harm?

There are several approaches to defending individuals in assault causing bodily harm cases. For example, it can be argued that the contact was unintended, or that it was done in self-defense or while defending someone else. In many cases the witness’s testimony can be deemed unreliable or that the incident was concocted as a means of achieving revenge out of jealousy, anger, or in domestic assault cases, to gain custody over children. There are many strategies to use in a well-prepared case to achieve a successful outcome.

In any case, a guilty verdict will result in a criminal record, affecting your access to children, ability to travel abroad and get a job, and your personal freedoms. Our law team of Bruce Karten & Stephen Hebscher handles countless assault causing bodily harm cases each year in Toronto, and offer a free consultation to discuss your situation and the likelihood of success. See what our other clients are saying about us. We can help you too if you are stuck in one such case of assault causing bodily harm.

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