When you charge someone with assault, this is a serious offence. It comes with a possibility of a criminal record, substantial jail time, and, depending on the type of assault and the outcome, adding the accused’s name to the sex offender registry. There is a lot to know about the assault in Canada and how it’s processed in the court system.

Assault is a forceful and intentional act committed against another person without consent. Assault is not restricted to physical harm. It can also be threatening acts or gestures that force someone to do something they do not want to do, regardless of how reasonable, credible, or legitimate the threat is. Assault can be when a person is carrying a weapon, and the threat is implied, regardless of whether the weapon is real or not or the threat is clearly stated.

There are six main types of assault in Canada:

• Simple assault is an assault with no weapons involved and where the victim sustained little to no injury.
• Assault causing bodily harm is where no weapon is involved, and the victim sustains physical injuries that are mild to severe.
  Assault with a weapon is an assault done with an item used with force.
• Aggravated assault is when an assault has resulted in the victim sustaining wounds, disfigurement, or endangerment.
• Sexual assault is acts of non-consensual sexual touching or violent acts in a sexual context.
• Domestic assault is any violence or threat between individuals in the same household, specifically applied to family members or intimate partners.

Let’s learn more about what happens when you charge someone with assault.

Arresting the offender

When you charge someone with assault, the police arrest the individual, but it is the Crown counsel that lays charges against the accused. You have a six-month limit to press assault charges relating to a summary conviction, but there is no limit for indictable offences. It is up to the Crown counsel to decide which route will be pursued about the claim made.

What happens after an assault arrest

After the person is arrested, they will be read their rights and taken to the police station for photographs and fingerprints and potentially held for a bail hearing. The person charged will likely be released after this initial processing if they are deemed not a threat or flight risk. This varies depending on the charge and what occurs at the bail hearing, likely scheduled for the next day.

The judge at the bail hearing will decide if the offender will be released or not, pending the assignment of a trial date. If they are released, a judge may assign additional conditions, i.e. no drinking, no taking drugs, and no contacting the victim. An offender can be re-arrested if the terms are broken. In some cases, the offender is kept in custody, moved to a local detention centre, and kept in custody until the trial date, which will likely be months away.

Legal help after an assault arrest

Someone charged with assault has the right to a criminal lawyer. An assault lawyer can get the charges dropped altogether or sentencing reduced. Please note that, as the victim, after the charges are applied to the offender, you no longer have the right to withdraw the charges. The Crown counsel is the only party to withdraw the charges, even if a victim or alleged victim doesn’t wish it to be the case.

A lawyer will use the Canadian Charter of Rights and Freedoms to look for areas where charges could be withdrawn. If mistakes were made, either on the part of the police or the Crown, if it breaches your Charter rights, this could be an opportunity to get a charge dismissed. The details around the assault and the presumption of innocence can also favour the accused. There are many circumstances where an assault charge can be dropped depending on the conduct of those involved and the details of the events surrounding the assault.

What is the jail time for assault?

The maximum jail time for assault in Canada varies depending on the jurisdiction and what type of assault was committed. The more serious the assault, the worse the consequences. A simple assault, for example, can carry a summary conviction of six months of jail time and a $5,000 fine or an indictment of up to five years of jail time. By comparison, aggravated assault is an indictable offence only and carries up to 14 years of jail time.

Criminal record after assault

An assault charge, like any criminal conviction, stays on a person’s record permanently. They can apply for a pardon and be granted one. However, this can take years and even decades to process.