The information shared by Canada Statistics shows that the cases of assault, may it be sexual or simple assault, are high in Alberta. The charge of assault can be laid based on various actions, even as small as pointing a finger and as obvious as threatening or beating someone up. This means the aggressor can face assault charges if there was no physical contact between the parties. rnThe mere physical contact induced by emotional and stressful situations can even result in the aggressor being arrested. Being caught or charged with any type of assault can daunt your reputation and growth chances forever. So, those charged with assault accusations should seek help from
professional criminal lawyers to avoid penalties like a criminal record and even imprisonment. rnFor some basic knowledge, know that the criminal law states the following situations that can get you to face assault charges;rnDirectly or indirectly, applying force to another person against or without their consent.rnThreatened or attempted to apply force against another personrnOpenly possessing an imitating weapon or even wearing or displaying one
Different Types Of Assault In Alberta
There are different degrees and types of assault in Alberta. The penalties and fines increase with the seriousness of the crime. Here are the common types of assault charges;
Common Or Simple Assault
As the name suggests, this case can be brought as a result of aggression that does not involve the use of a weapon or physical force against the complainant. Cases of domestic violence are the most common situation where the charges of simple assault are applied.
Consequences
Simple assault charges in Alberta are often treated as summary offences with little to no jail time. However, if the allegations are proven, you can get up to a 5-year jail sentence. If the crime was not so serious, you can expect a minimum of 6-month jail.
Assault Causing Bodily Harm
If someone is physically harmed irrespective of the degree of harm the police may lay this type of assault charges. In the criminal code, "bodily harm" is "an injury or harm that disrupts the health or comfort of the person that is more than trifling in nature."
Consequences
Depending on the seriousness of the crime, you could get up to 10 years of jail time if the Crown proceeds with the case in the way of indictment. For this, the assault usually results in serious injuries and harm to the complaint that are serious and hinders their health and comfort. However, if the case does not proceed in the way of indictment, the maximum jail time one can face is 18 months.
Aggravated Assault
If the assault results in someone being maimed, wounded, disfigured, or having their life endangered, This charge will be laid.
Consequences
The maximum jail time the accused needs to face is up to 14 years of imprisonment, especially if the sufferer is under the age of 16.
Assault With A Weapon
We often think of guns and knives as weapons for assault. However, a hot coffee, a pair of scissors, or even a plate is thrown across the room at someone else are also accounted for as weapons in assault cases. According to the Canadian Code of Conduct, a person can be charged with assault if/she carries, uses, or threatens to use a weapon or imitates doing so against someone.
Consequences
The jail time for a proven assault with a weapon is 10 years.
Sexual Assault
The assault, which is sexual, comes under this crime umbrella. Simply crossing the intimate distance or someone’s sexual dignity is harmed, usually without content, is considered to be a sexual assault. Touching someone without their consent to make them uncomfortable is the easiest example of sexual assault. rnWhen dealing with a
sexual assault case, the police and court consider several factors, for example, the part of the body that was touched or the consequences the touch can bring with it. However, the mental trauma can be stuck in the victim's mind for life-long.
Consequence
A sexual assault case can have a serious impact on your life and career. If convicted, your name will be added to the list of sexual offenders for life. This means you will not be able to clear the background and character check for any job position. It could even be your dream job.
Conclusion
The seriousness of the crime or assault is the actual determinant of whether the case will be dealt with as a summary conviction or considered as an indictable offence. In either case, facing allegations of any type of assault can be stressful and overwhelming. If dealt with wrongly, the case against you can impact your life, reputation, and career adversely and harm it inversely. rnTherefore, hiring and contacting a professional criminal defence lawyer in Alberta, such as Daryl Royer Defence Lawyer, can help you save your name, career, and reputation by dealing with the case professionally.