It is considered as a form of criminal act that is usually tried at court. In case the person is convicted of the crime, it places a person’s name under criminal record. Basically, going by the legal definition, assault can be de defined as applying of force upon others directly or when another person is not having consent for engaging in sexual activity. The latter example is a perfect example of sexual assault.
According to domestic assault lawyer Toronto, there is no need to show proof for actual injury in case of an assault. Most importantly, the point which is taken care of is whether the accused person is hell-bent on inflicting harm on the other person. To put things simply, it can be said that till a person feels that they can be harmed by certain individual, then the individual can be charged with assault.
Dividing Assault into Specific Charges
In Canada, assault charges can be easily broken down into following types. They are:
A simple assault can be prosecuted in two ways. In case of a simple assault charge, it can be handled by the judge directly. There is no need to provide a jail sentence. However, for severe simple assault cases, court proceedings may be required.
Assault Causing Bodily Harm
For domestic assault lawyer Toronto, it might become easy to consider if a case is domestic assault or not, simply by taking a note of bodily injuries. If the case is summoned with summary conviction, jail term up to 18 months can be given. On the other hand, if the case is summoned as immoral offense, then family court proceeding could be opted.
Assault with Weapon
Assault attorneys define this type of assault as the one where dangerous weapons are used for carrying the assault. The person accused of this assault can be litigated through summary conviction or through indictable offenses.
Assaulting Public Employee
According to domestic assault lawyer Toronto, in case an assault is carried out on public employee, it is prosecuted in the same way as other assault. However, this assault can lead to conviction of a person.