Reliable Assault Lawyer in Edmonton
The simple definition of assault is the contact or attempted contact with someone else without that person’s consent. It’s important to remember that the threat of assault may be all that is required for an assault charge to be issued legally. Actual injury would not have to exist to receive an assault charge.
If you have been charged with an assault or need more information from a reliable assault lawyer in Edmonton, feel free to call Robert M. Kassian.
Different Types of Assault Charges
Different kinds of assault charges exist:
- Assault is any contact or threatened contact that is not consented to by one person upon another.
- When charged with common assault, it is a hybrid offence. That means that the Crown has an election on how to proceed. It may be by summary conviction or indictment. The latter being the more serious of the two ways the Crown can proceed in Court. However, even if proceeded by summary conviction, due to recent amendments to the Criminal Code, the maximum penalty is two years less one day.
Assault causing bodily harm
Assault with a weapon
Domestic assault is abuse that happens in the context of a domestic, marital or romantic relationship between two parties. It covers partnerships such as friends and girlfriends, spouses or common-law couples, and even family members. It is important to stress that part of the defence may involve a careful review and revision of the terms of bail, often non-contact terms (i.e., restraining orders) may prevent the accused from having contact with his children and other family members.
- Sexual assault is any contact with another person of a sexual nature. The offences in this category can be from simple touching to causing bodily harm or even aggravated physical injury. There has been a significant increase in the penalties under this area of law as well.
- Sexual assault is an assault of sexual nature that violates the sexual integrity of a person. It does not require that the person charged intended the act complained of to be for a sexual purpose. Further, depending upon the age of the Complainant, this can significantly affect the maximum period of imprisonment which the Court can impose
Aggravated sexual assault is a sexual assault where the Complainant received wounds, disfigurement, or the assault endangered their life. It is a strictly indictable offence. The maximum penalty can include life imprisonment, and is dependant upon the age of the Complainant and if the allegations included firearm offences in the course of the crime.
- The crime of sexual assault is mentioned in the Criminal Code of Canada, which is engaged when a person is in a place of confidence or responsibility against a young person or a person with whom the young person is in a relationship of dependence. Instances include:
- Touching (directly or indirectly) any part of the body of a young person for sexual purposes;
- Inviting, recommending or encouraging a young person to meet others for sexual reasons.
Sexual interference with a minor
Sexual interference requires the touching of some part of a young person’s body for sexual reasons. Invitation to sexual interaction includes encouraging, recommending, or inciting a young person to touch another person’s body for sexual purposes. To show that the accused was responsible, the contact would be deliberate and intimate. Courts can use evidence such as the portion of the body stimulated or any words or movements following the touching can be used to prove the touching was sexual.
There are several variations of this charge in the Criminal Code. The central element is that the Police officer was assaulted while in the execution of his duty. First, however, it is crucial to identify what function the officer was exercising, was he doing so reasonably or were the actions of an accused justifiable in the circumstances.
Robert (Bob) Kassian is an experienced assault lawyer in Edmonton and can defend your interests.