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Assault causing bodily harm is amongst the most serious criminal offences in Canada. If you find yourself charged with this offence, an experienced criminal lawyer can help protect you against a wrongful conviction.
The charge of assault causing bodily harm is an intentional act that causes injury to another person without their consent. Assault causing bodily harm can arise in two circumstances: first, when the accused intentionally applies force against the other party and second, when the actions of the accused could have foreseeably caused bodily harm to the other party. The injury sustained must be non-trivial to be considered as bodily harm.
Section 2 of the Criminal Code defines bodily harm as a hurt or injury that interferes with the person’s health or comfort. The harm must be more than temporary and more than trivial or unimportant. In other words, the harm caused needs to affect the person’s daily life.
For example, a broken nail resulting from a fight likely would not be considered bodily harm. However, a broken nose resulting from a fight likely would be considered bodily harm.
The Crown must prove three crucial elements beyond a reasonable doubt to convict someone of assault causing bodily harm: the guilty act, the guilty mind, and causation. The guilty act to be proven is that you caused bodily harm to the other party. In proving the guilty act, the Crown will point to how the assault was carried out and the number of hits.
The guilty mind to be proven is that you intended to use force against the complainant. Finally, the Crown will need to establish that your actions are what caused the bodily harm or at minimum, a contributing factor.
The biggest difference between assault causing bodily harm and aggravated assault is the severity of the injuries sustained. Aggravated assault is the most severe assault charge. Common injuries sustained from assault causing bodily harm include cuts, bruises, sprains, and broken bones. Whereas common injuries sustained from aggravated assault include wounds, disfigurements, or maiming of the person.
The penalties for assault causing bodily harm are severe. The charge is a hybrid offence. As a hybrid offence, the Crown can proceed by way of indictment or summary conviction. If the Crown proceeds by a summary conviction, the maximum penalty is a fine of $5000 and up to 18 months in jail. If the Crown proceeds by indictment, the maximum penalty is up to 10 years in prison.
Were you acting to defend yourself or someone else? One of the most common defences for any assault charge is self-defence. A successful defence lawyer will help convince the court that you had reasonable grounds to believe you or someone else was being assaulted and that your actions were reasonable within the circumstances.
Did you hit the other party by accident? One of the key factors for an assault causing bodily harm charge is intention. If the bodily harm caused was unintentional, your defence lawyer can argue the application of force was a complete accident. For example, if you were out at a crowded bar or club and accidentally bumped into someone causing them harm, it will be difficult for the Crown to argue you intended to apply force.
The defence that you were acting in defence of your property is not common. However, it can arise in some circumstances. Similar to the defence of self-defence, if you are protecting your property from damage, the threat of damage, or trespass, you may be able to argue you were acting in defence.
An assault causing bodily harm charge can completely alter your life. If you are facing an assault charge, Pyzer Criminal Lawyers can help defend you! We have won some of the toughest assault cases in Toronto. If you are looking for an experienced lawyer and a successful outcome, contact us at (416) 658-1818. We are dedicated to getting you the best possible outcome.
