Assault With a Weapon, Aggravated Assault in Newmarket Ontario
The following is important information regarding the legalities about various types of assault charges. Newmarket criminal lawyer can give you sound advice.
Explain What Constitutes an Assault?
It is when a person applies force to another person without getting permission first. It can also occur if there was an attempt. Criminal Lawyers Newmarket can help explain it further.
How Much Force Is Necessary?
You can be charged with assault even if you hardly touch the other person. If there is force, no matter how weak, if offensive, it can be deemed an assault. If the assault was an accident it is still an assault, even if you offended the wrong person.
Is There a Difference With Different Types of Assaults?
A newmarket criminal lawyer has years of experience in this area of law. The vehicle used to transfer the force is different in an ‘assault with a weapon’ and an ‘assault.’ An assault is normally delivered via the hands or legs. If it involves a weapon, such as a stick, club, rock, iron or knife, it is classified ‘assault with a weapon.’
If there is bodily harm caused it is now termed aggravated assault.
If the assault causes injury that isn’t trivial and causes issue with the victim’s health, it has caused bodily harm.
For the situation to be labelled aggravated assault, the injury must be serious. If the injury endangered the person’s life it will fall under aggravated assault.
Jail time may happen in a simple assault situation. A judge may impose a jail sentence for an aggravated assault case, especially if the injuries are serious.
Differing Assault Defenses
Consent
The Crown must prove the force was applied without knowledge from the accuser in order for an assault to have happened. Criminal Lawyers Newmarket will protect your rights.
Someone being forced to consent is not a true consent. Many times the consent is implied, this is subjective.
Consent is not a defense if the victim is killed or seriously injured.
Mistakenly Thought There Was Consent
The accused can claim they thought the accuser consented, even if the Crown proves they did not. The ‘thought’ that someone consented is no defense. Criminal Lawyers Newmarket can help you understand this process.
Defending Yourself
You are allowed to defend yourself, your family and property if you feel threatened. But you are only allowed to use ‘reasonable’ force. This is subjective and all factors are considered.
After Being Charged, What Can I Do?
Criminal Lawyers Newmarket can assist you here. If you are found guilty you may do jail time and have a criminal record. Or you may require counseling or have to pay money.
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