What Is the Difference Between Assault Offences?

1
What Is The Difference Between Assault Offences?
www.hershberglaw.ca
416
428 7360
2

• There are three distinct types of assault
  offences as defined in the Criminal Code of
  Canada which includes
• Assault
• 2. Sexual Assault
• 3. Domestic Assault

www.hershberglaw.ca

416 428 7360
3
Each one has specific definitions as related to
the offence and the type of charges which one
could face. It is important to understand the
differences between the three, as well as realize
there are several different sub-types of assault
offences categorized under each one.
www.hershberglaw.ca

416 428 7360
4
Criminal Assault This is the generalized type of
assault used in cases where a person committed
the offence for non-sexual and non-domestic
assaults. The key factor used to determine
whether an assault was committed was whether
there was either a direct or indirect force used
against the victim without their consent.
www.hershberglaw.ca

416 428 7360
5
For instance, grabbing someones arm and applying
pressure could be considered a direct force used
against the individual. On the other hand,
hitting or poking someone with an object, like a
hockey stick, could be viewed as an indirect
force.
www.hershberglaw.ca

416 428 7360
6
The sub-types of assault offences are used in
specific cases when certain actions or outcomes
occur as result of the assault. These could
include uttering threats, aggravated assault,
assault causing bodily harm, and assault with a
weapon.
www.hershberglaw.ca

416 428 7360
7
In some cases, an individual could be charged
with multiple assault type offences. To
illustrate someone threatens another individual
they are going to cause them harm in some manner
either using direct or indirect force.
www.hershberglaw.ca

416 428 7360
8
If they do not follow through, they could be
charged with uttering threats. However, if they
carry out the threat, they could be charged with
both uttering threats and an assault offence,
based on if they used a weapon and the types of
injuries the victim sustained.
www.hershberglaw.ca

416 428 7360
9
Sexual Assault With sexual assault offences,
there is the added element of a sexual nature
regarding the type of force used against the
victim. It is worth noting that the law does not
have an actual criminal offence for rape, and
rapes are considered sexual assaults.
www.hershberglaw.ca

416 428 7360
10
In addition, one does not have to engage in the
actual act of sex to be charged with this
offence. Simply touching someone in a sexual
manner without their consent could be sufficient
grounds to be charged with this crime.
www.hershberglaw.ca

416 428 7360
11
Domestic Assault The key element of this type of
assault is when it is committed by an individual
against another with a familiar relationship. The
victim could be a spouse, partner, child, parent,
or other relatives, as well as close friends.
www.hershberglaw.ca

416 428 7360
12
Police agencies and the Crown consider all
complaints of assault as serious crimes. The
police are required to investigate any claims
made by a victim. If there is indeed evidence to
support an assault, then it is entirely up to the
Crown what types of charges one could face.
www.hershberglaw.ca

416 428 7360
13
If you have been formally charged with an assault
offence it is in your best interests to get your
own legal advice and counsel. Please feel free to
contact me, Toronto criminal defence lawyer, Jeff
Hershberg at 416-428-7360 now to schedule a
consultation.   Source - http//www.hershberglaw.
ca/what-is-the-difference-between-assault-offences
www.hershberglaw.ca

416 428 7360