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Understanding Assault Charges and Penalties in Ontario

Criminal Charges
Jason Baxter

One of the most common types of charges in the criminal justice system is assault.  Assault can result whenever one person applies force to another without consent.  There are three levels of assault:

  1. Assault; 
  2. Assault Causing Bodily Harm; and
  3. Aggravated Assault.

If you are charged with Assault Causing Bodily Harm or Aggravated Assault you are at very serious risk of being imprisoned or sent to jail if you are convicted.  For all three levels, there are additional consequences which the court refers to as ancillary orders, such as:

  1. Weapons Prohibitions;
  2. DNA Orders;
  3. Probation Orders; and
  4. Restitution Orders;

The most common type of assault the courts see is an assault when one partner assaults the other.  In the context of an intimate relationship, this is known as a domestic assault or domestic violence.  The Courts and Crown Attorneys see violence in intimate partner relationships as aggravating, which usually results in a stronger stance and penalties for those convicted of these offences.

Other forms of assault happen as a result of two strangers crossing paths and one person assaults the other.  This can be through road rage, a fight at a bar or nightclub, or even as a result of a neighbour dispute.

The Courts have a very wide range of options on who to deal with people who are charged with assault.  The offences may be withdrawn and you can enter into a Peace Bond, which is very commonly referred to as a restraining order.  There are options available which will leave you without a criminal record if you perform some rehabilitative efforts.  There are also options which can see you pay a fine to the court.  The court can also sentence you to house arrest or even jail in more serious cases.  It is important to know the type of outcome is usually dependent on how serious the allegations are.

If you are convicted of any level of Assault, there are consequences which may follow you for life preventing you from travelling, residing or staying in Canada if you are not a full Canadian citizen, or preventing you from obtaining employment or attending various educational fields.

If you are charged with any kind of Assault, you should seek the advice of a lawyer who has experience in dealing with these types of offences.  The lawyers at X-Copper Law Firm routinely handle these matters for our clients.  If you are charged, reach out for a free consultation.

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