Charges differ from one another, despite some terms being similar or sounding the same. One example of this is differentiating assault from aggravated assault. Being aware of what sets them apart is important, so you won’t be confused if you do receive such charges in British Columbia. If you incur penalties and aren’t sure how to process them, then seeking assistance from a BC criminal defence lawyer is advisable.
What is Assault in British Columbia?
Assault is defined as a person threatening or applying force to another person without their consent, regardless of whether the force does not outright result in serious injury. Slapping someone or doing threatening gestures is considered assault under Canadian law. In BC, assault charges can result in fines and penalties, especially if the lower court deems it a summary offence. However, the severity of the act and how it led to the situation could affect the prosecution.
What is Aggravated Assault?
Aggravated assault is a form of assault that is treated as more offensive and serious, such as when an assault results in serious bodily harm. Other examples include endearing the life of a victim or the presence of a weapon. In contrast to assault, committing aggravated assault will result in an indictable offence. This type of offence is treated as more serious and has even more penalties to deal with. The charge does vary as there are factors that the court will need to look into. This includes the intent, degree of injury, and the utilisation of a weapon.
Key Differences Between Assault and Aggravated Assault
There are clear distinctions when identifying assault from aggravated assault. Such as:
- Severity of Harm – Assault may involve minor or no physical injury. Aggravated assault involves serious injury or risk to life.
- Use of Weapons – Assault typically does not involve weapons. Aggravated assault often involves a weapon or an object that increases the potential for harm.
- Penalties – Assault can be prosecuted as either a summary or an indictable offence with penalties ranging from fines to imprisonment. Aggravated assault is always indictable with higher maximum sentences reflecting the seriousness of the offence.
- Intent and Circumstances – Courts consider the intent and surrounding circumstances. Aggravated assault is reserved for acts that demonstrate significant violence or endanger the victim’s life.
Why Legal Representation Matters
If you are going through charges of assault or aggravated assault, you should not be dealing with them alone. Not only would having a licensed expert provide clarity, but they will also be able to advise you on the next steps that you should take. A BC criminal defence lawyer will help to review your case and discuss with you the options that you can take. Having the right legal support will help you to have someone talk about the facts on your behalf, as well as come up with a way to represent you before the court. You can’t possibly negotiate on your own, especially if you are not as experienced a BC criminal defence lawyer.
