Aggravated assault is a severe criminal offence in Canada that involves wounding, maiming, disfiguring, or endangering the life of the victim. This page provides an overview of the offence, potential penalties, and the importance of seeking legal representation if charged.
Aggravated Assault: Criminal Code Definition
Aggravated assault is defined under Section 268 of the Criminal Code.
268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
Elements of Aggravated Assault
To prove aggravated assault, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional application of force.
- That the assault resulted in wounding, maiming, disfiguring, or endangering the life of the victim.
- That the complainant did not consent to the action.
Potential Penalties for Aggravated Assault
Penalties for aggravated assault are severe:
- Indictable Offence: Up to 14 years in prison.
Click here to learn more about the potential penalties for committing aggravated assault.
Defences Available for Aggravated Assault
Possible defences include:
- Self-defence
- Consent
- Lack of intent
- Mistaken identity
- Fabrication or false accusation
Click here to learn more about the potential defences available for aggravated assault charges.
Speak to an Assault Lawyer Today
A skilled criminal lawyer can provide essential guidance, challenge evidence, and develop a robust defence strategy. They ensure your rights are protected and work towards the best possible outcome for your case. Call (855) 585-1777 to receive a free consultation with an assault lawyer.
