What Is Assault Criminal Code?

Around 600 people (in every lakh) is being assaulted in Canada every year. It is obviously a big deal for us. The convicted persons are being punished, but assault is not being stopped. Again, many people are not aware of the criminal code for assault.

Here our discussion topic is what is the assault criminal code. Share this criminal code as much as possible to reach all people.

By the way, if you need a lawyer for any assault, we will recommend you to hire someone from the best Winnipeg criminal lawyers. They are very expert, experienced, and affordable at the same time.

Before starting about the criminal code, let first know what assault is.

What is assault?

Assault is basically a reasonable apprehension of harm that is intentionally done. If we want to say it in a simpler way, then it is a threat or attempts to do physical harm.

We can give you a great example of assault; that is, someone is raising his/her hand for slapping you, and you also believe that s/he can slap you. Assault starts from this level and can be turned into a severe injury.

There are different types of assaults. The penalties of all the assaults are also different. Here are the different types of assaults:

Simple assault:

Simple assault is the elementary form of assault. Here no weapon is used by the offender. The injuries that occurred are not major. Victims are threatened to have a serious injury, which must be real enough to consider it as an offense.  

Felony assault:

Felony assault is considered as an attempt to attack that causes severe physical damages to a person. This is an intense kind of assault, and any weapons can be used.

Sexual assault:

Sexual assault is basically forcing someone to have sex against the will of the victim. Rape or sexual penetration without the consent of the victim are some of the examples.

Anyone can be charged with assault for raping his wife if he doesn’t take any consent from her. An improper touch can be a cause of the sexual assault.  

Aggravated assault:

Aggravate assault is the most serious kind of assault. Assaulter uses a serious weapon like a bat, gun, knife, and so on to cause a permanent injury in this kind of assault.

Here, one notable thing is that assaulting a public officer like police or judge will be counted as felony assault even if the assault is minor.

What is the assault criminal code?

The criminal code is the law that formalizes the most serious criminal offenses in Canada. This law establishes punishment for different types of cases. There are some particular criminal codes for assault to ensure the punishment of the assaulter, which is called the assault criminal code. Here are the assault criminal codes:

Assault:

“Everyone who commits assault will be the guilty of a serious offense and can be liable for a maximum five years most or $5000 fine or both.- Section 266 of criminal code.

Assault with a weapon:

According to section 267 of the criminal code, if you are an assaulter with a weapon and cause any bodily harm to the victim, you can be liable for a maximum of 10 years imprisonment.

Aggravate assault:

As you all know, aggravated assault is the most serious one. You can be liable for a maximum of 14 years of imprisonment according to section 268 of the criminal code.

Unlawfully causing bodily harm:

According to section 269 of the criminal code, for unlawfully causing bodily harm, you can get ten years imprisonment most or an offense punishable on summary conviction.

Assaulting a peace officer:

If someone assaults a peace officer who is engaged in the execution of his duty, according to section 269.01 of the criminal code, he will be liable for not exceed five years.

Assaulting peace officer with a weapon:

According to section 270 of the criminal code, those who assault a peace officer with a weapon will be liable for not more than ten years imprisonment.

Difference between assault and battery:

People are often confused with assault and battery. They think they are the same, but actually, it is not. There have some major differences between assault and battery. The battery is an act of harming someone. On the other hand, assault is the fear of being harmed.

In a nutshell

Assault is a serious offense. Punishments vary a little bit from state to state. Then again, you have given an overall idea. This will more or less match with the province wherever you stay in Canada.

These are mainly criminal codes for different types of assault in Canada. Do you think we need a more improved law or criminal code for assault? Share your thoughts in the comment section.