What is Assault Causing Bodily Harm?
A charge of Assault Causing Bodily Harm (s. 267 of the Criminal Code) may be laid when a Criminal Assault (an application of force to another person without his/her consent) results in bodily harm.
Bodily harm is defined in the Criminal Code as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”
What is the Possible Sentence for Assault Causing Bodily Harm?
Assault Causing Bodily Harm is a hybrid offence, meaning that the Crown attorney will choose whether to prosecute your charge as a summary (less serious) or an indictable (more serious) offence. The maximum sentence is 10 years on indictment or 18 months on summary conviction.
How Can DUVADIE Law defend against a Charge of Assault Causing Bodily Harm?
Some ways that DUVADIE Law may defend against your charge of Assault Causing Bodily Harm include:
- questioning witnesses’ ability to identify you as the person who committed the offence;
- arguing that the harm was not severe and thus the lesser charge of simple Criminal Assault would be more appropriate;
- arguing that you were provoked; or
- arguing that you were acting in self-defence, defence of another person and/or defence of property.
If you are facing a charge of Assault Causing Bodily Harm, you will want to ensure that you have a skilled lawyer working to defend your case.