As one of the most serious violations, an assault charge is stressful and distressing time for both the accused and victim.
Whether a threat of assault or the act itself took place, the accused faces very serious penalties if convicted. The key idea of an assault charge is that the person being charged intended to inflict harm, and that the victim, who was harmed, didn’t give their consent. It’s important to note that injury does NOT have to occur for an assault charges to be placed.
Not all assault charges are viewed the same, therefore the different types have different penalties. With these types of cases it is very important to have an Assault Defense Lawyer to help guide you through the court process.
As the most basic of the assault charges, the accused can be charged one of two ways: summary or indictable. The summary conviction is the lesser of the two and is generally processed by a judge without a long drawn out trial. With a summary conviction there is no jail term served. However, if it is treated as indictable conviction, there will be an official court process where the penalty will be more severe than a summary conviction.
When there are serious injuries, long term harm or chance of death for the victim, this is grounds for an aggravated assault charge. This a more serious charge and will always be indictable, therefore, if convicted in court the accused faces up to 14 years jail time.
The same process is involved when charged with aggravated sexual assault, as the injuries that occurred to the victim are harsher. If a weapon was used the minimum sentence issued is four years, if convicted.
Sexual assault is deemed that when threat or violence is used for non-consensual sex. Like simple assault it can be charged one of two ways- summary or indictable and sentences can range between 18 months to 10 years depending on the severity of the charge.
In Ontario, there are extra regulations if someone is charged with a Domestic assault charge. Many times, as part of their bail restrictions the accused is not allowed to contact their loved ones until the case is reviewed in the courts. While being investigated the accused can be subject to zero tolerance policy, even if the victim does not want to go to court.
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