In Canada, a person commits assault when that person “attempts, without the consent of another person, to apply force intentionally to that other person, directly or indirectly; attempts or threatens, by an act or a gesture, to apply force to another person, or causes that other person to believe on reasonable grounds that (there was) ability to effect his purpose; while openly wearing or carrying a weapon or an imitation thereof, accosts or impedes another person or begs.”
In short, any unconsented physical contact or action that causes another person to feel threatened and react defensively is considered assault in Alberta.
An allegation of assault can cause problems at work, rifts between you and your friends or family members, and damage to your reputation.
The consequences of a conviction are even worse.
What is “assault causing bodily harm,” and how is it different from other types of assault?
Canadian law puts assault into three different categories:
- Level 1 is a simple (or common) assault in which there are no injuries and weapons are not involved. Often, it means there’s a threat of violence or an intention to cause fear of some immediate harm.
- Level 2 assault is one in which there is bodily harm where the injuries are not as severe as those caused by a Level 3 aggravated assault.
- Level 3 assault is defined as one in which a person is wounded, maimed, disfigured, or whose life was endangered. It is the most severe type of assault charge.
The difference between a Level 2 assault and a Level 3 assault is mainly the extent of the injuries. The most severe injuries are Level 3. The penalties for committing that crime are much harsher and can include a jail sentence of up to 14 years.
However, if you have been charged with a Level 2 assault causing bodily harm, you need to take it seriously. Even if the injuries were relatively minor, a conviction can still result in jail time.
Examples of assault causing bodily harm
In Canada, “bodily harm” can mean injuries from black eyes to broken bones. The law describes these as being those which “(last) a very short time and an injury of very minor degree which results in a very minor degree of distress” and is “more than merely transient or trifling.” In other words, it’s more than a small cut that will heal in a few days; it’s less than those that cause disfigurement or are life-threatening.
Examples of injuries caused by assault causing bodily harm include:
- Numerous cuts or lacerations, especially around the eyes or on the face
- A large clump of hair pulled out by the roots
- A broken arm
- A broken nose or deviated septum caused by an assault
- Bruises, cuts or lacerations around the neck, chest, shoulder, arms or wrists
- Hand injury
- Difficulty speaking after being choked
- Most types of bruises, cuts or lacerations that last ten days or more
- Any injury that would require immediate hospital care
Furthermore, “harm” isn’t always strictly physical. Psychological trauma, such as anxiety or PTSD resulting from an assault, may also be considered assault causing bodily harm.
What proof is needed for an assault causing bodily harm conviction?
The Crown prosecutor must prove several things:
- That you are the person identified as committing the assault
- That the jurisdiction is correct
- That the date of the crime matches the police statement
- Most importantly, the elements of the crime fit the charge. In other words, in the case of assault causing bodily harm, the alleged victim’s injuries are severe but not life-threatening.
All these elements must be proven “beyond a reasonable doubt” for the judge to hand down a guilty verdict and for the Crown to get a conviction.
What are the penalties for assault causing bodily harm?
Section 266 of the Criminal Code of Canada states that “everyone who commits an assault guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.”
Assault causing bodily harm in Alberta is a hybrid offence, and depending on the circumstances, the Crown prosecutor will decide whether to pursue a summary conviction or to proceed by indictment.
A summary conviction offence is a lesser charge and carries a lesser punishment. A summary conviction is generally pursued when the victim’s injuries, such as cuts and scratches on the arms, are relatively minor and/or the accused person has no criminal record. An indictable offence is considered when the circumstances surrounding the crime are considered more egregious, for instance, if the victim was subjected to strangulation or choking. An accused person with a lengthy or related criminal record may also cause the Crown to proceed by Indictment.
Penalties may include:
- For a summary conviction: Up to six months in jail and/or a fine of up to $5,000. In some circumstances, a higher maximum sentence may apply
- For an indictable offence conviction: Imprisonment of up to 10 years or more, depending on circumstances
Situations that may affect the sentencing include whether a weapon was wielded or used in the commission of the assault, the type and severity of the harm if the assault was perpetrated against a peace officer and other factors. An accused’s personal circumstances will also play a role in the length and type of sentence imposed.
Possible defences to charges of assault causing bodily harm in Alberta
Assault often happens in the heat of the moment, when mistakes can be made on both sides. As a criminal defence law firm with a deep understanding of the assault laws in Alberta, we know how to dig deep into weaknesses in the prosecution’s case. For instance:
- A case of mistaken identity; whoever committed the assault wasn’t you
- There was no assault
- There was no bodily harm
- No harm would rise to the level of assault causing bodily harm (a de minimus defence)
- That any altercation or fight was consensual, such as two people agreeing to “duke it out” in a backyard brawl
- A reflexive, rather than a deliberate, action, i.e. a knee-jerk reaction
- You acted in self-defence
- That you acted in defence of another person
- That you were defending your property
To advance an argument of self-defence, the force used in response to the threat must be reasonable in the circumstances.
What to do if you are facing a charge of assault causing bodily harm
Whenever you face a criminal charge, whether for assault or any other offence, it is critical to get skilled legal representation as soon as possible. The consequences of a conviction can affect your livelihood, your ability to travel outside of Canada, obtain a lease, volunteer or get work as a teacher, nurse, physician or more. If you have been arrested for an assault charge, you must give the police your name and date of birth. But you still have the right to remain silent when providing any information beyond that which they could use against you.
Protect your rights today. Call us at 403-678-7360 to schedule a free consultation to discuss your case and your needs.