Aggravated Assault Criminal Lawyer
Aggravated assault is the most serious category of assault in the Criminal Code of Canada.
An accused found guilty of criminal aggravated assault charges is liable to imprisonment for a term not exceeding fourteen years. House arrest is not available for indictable assault charges (referred to as felony charges in the U.S.) and these are prosecuted vigorously
If you are facing any charge regarding violent crime, it is imperative that you hire a top criminal defence lawyer to defend your future. That’s where Ouellette Hoare Claxton An Association of Independent Law Practices comes in. Our team of experienced defense lawyers work to protect you against the harsh penalties for this criminal conviction.
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What is Aggravated Assault?
The Criminal Code defines injuries that result from aggravated assault as an assault that results in “wounding or maiming”.
Brain damage, loss of eyesight or hearing, a stab wound, or any other connected internal injuries are all examples of aggravated assault. Typically, the alleged assault involves a weapon such as a firearm or a knife.
The basic elements of aggravated assault are the same as a common assault. There are some specific elements of aggravated assault that differentiate it from simple assault charges:
- The assault knowingly and willingly wounded, maimed, disfigured, or endangered life
- The accused’s conduct caused the wounding, maiming, disfigurement, or endangerment
- A reasonable person would have realized that the accused’s conduct would subject the victim to the risk of bodily harm
Any assault that could cause damage to muscle, bone, or nervous tissue may constitute an aggravated assault. Any assault which leaves scarring, loss of body parts, or could have potentially endangered the life of the victim is also considered an aggravated assault. Medical evidence is often required to establish the nature and severity of any wounds.
In cases of violent crime, if you are not initially released on bail, you will be remanded until your charge(s) is resolved. Ouellette Hoare Claxton An Association of Independent Law Practices can help by arguing that pre-trial detention is not needed and that your release does not constitute a danger to the public, and assist you in being released on bail.
If you are granted bail, the conditions may include no contact orders, a curfew, and/or a weapons ban. Your defence lawyer will argue in Court for your release on reasonable bail conditions.
How Ouellette Hoare Claxton Defends Assault Charges On Your Behalf
Present federal legislation recognizes the severity of assault charges where “serious bodily injury” was a result. House arrest is not a possible sentence for these charges and, therefore, aggravated assault charges are more likely to go to trial. There is legislation before Parliament that may make house arrest possible.
Ouellette Hoare Claxton An Association of Independent Law Practices consists of experienced lawyers with a total of 80 years of experience in defending these charges. The assault charges that you are facing can be challenged in a number of ways:
- Arguing the facts: If your case has progressed to trial, witness testimony and the accuracy of each person’s testimony will be challenged.The credibility of a complainant often becomes a central issue. Testimonies challenged by cross-examination often challenge a statement taken by the police and leads to a successful defence.
- Charter violations: During the arrest process, your Charter rights may have been violated by the police. For example, law enforcement may have performed an illegal search of your car or not provided you with proper access to a lawyer. As such, our lawyers Andre, Peter, Mike, and Sadaf have successfully applied to the Court to have evidence excluded under the Charter of Rights and Freedoms.
- Interpretation of the law: We use thorough legal research and preparation as part of our efficient solutions. This enables us to present your defence using current law and procedure. Ouellette Hoare Claxton An Association of Independent Law Practices will review all the evidence in the possession of the Crown, and prepare the best possible defence. We have decades of experience. We understand assault charges.
- Self Defence: The law allows you to use as much force as is “reasonably necessary” to defend yourself against an attacker. In Court, you will have to establish that you had reasonable grounds to believe that force was being used against yourself or another person. Your response will also have to be reasonable and appropriate in the circumstances. In using self-defence as a defence to an assault charge, the reasonableness of your actions will be evaluated on several points: the type of threat used against you; the relationship between yourself and those involved in the altercation; if the defence used was proportional to the force employed by the aggressor; and if a weapon was used to either injure or threaten.
What is the Penalty for Aggravated Assault? And Other Commonly-Asked Questions
Your criminal defence lawyer’s role, in addition to providing you with the best defence possible, also includes educating you on your rights and charges.
What is the penalty for aggravated assault?
House arrest is not an available sentence for aggravated assault. If you are found guilty of an aggravated assault, you may be punished by:
- Up to 14 years in a federal penitentiary
- Lifetime weapons ban
- A Judicial Order to submit for DNA testing.
Is it for aggravated assault charges to go to court?
Given the serious nature of these charges, the Crown will often assign a prosecutor to prosecute an aggravated assault charge. You will need experienced legal representation you can trust. Ouellette Hoare Claxton are dedicated to your case.