Assault Types in Ontario?

Depending on the specifics of the assault, there are various kinds of assault.

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Simple Assault (S. 266 C.C.)

266 Every one who commits an assault is guilty of 

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.  

In Ontario, the least serious type of assault is a simple assault, sometimes referred to as a common assault. It frequently causes mild damage or none at all. The Crown prosecutor may proceed by indictment or summarily, as is the case with the majority of criminal charges.

The maximum sentence for an indictable offence is five years in prison. The maximum penalty for a summary conviction is two years in prison or $5,000 in fines. When there are no injuries, the crown lawyer typically proceeds by summary conviction.

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Using a Weapon or Resulting in Physical Injury (S. 267 C.C.)

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267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

• (a) carries, uses or threatens to use a weapon or an imitation thereof,

• (b) causes bodily harm to the complainant, or

• (c) chokes, suffocates or strangles the complainant.

 

A simple assault charge is not as dangerous as this kind of assault. It includes hurting the victim, choking them, suffocating them, or threatening to use a weapon. The weapon need not be a real one. It is sufficient to imitate a weapon.

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The degree of severe bodily harm done to another individual has nothing to do with assault with a weapon. It concerns whether the accused person's body is the only alleged item or lethal weapon employed.

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Knives, firearms, clubs, and bats are examples of obvious weapons. However, if a pillow is used to apply force and injure someone else, it may conceivably be considered a weapon. Furthermore, a charge of assault with a weapon could be brought against someone who encourages a dog or other animal to bite or injure the victim.The maximum sentence for an indictment conviction for this crime is ten years in jail. The maximum sentence for a summary conviction is two years in prison.

 

Assault with Aggravation (S. 268 C.C)

Aggravated assault

268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Excision

(3) For greater certainty, in this section, "wounds" or "maims" includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

(b) the person is at least eighteen years of age and there is no resulting bodily harm.

Consent

(4) For the purposes of this section and section 265 [assault], no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) [aggravated assault – excision – surgery] and (b) [aggravated assault – excision – 18 and no harm].

 

In Ontario, this is the most serious kind of assault, which includes causing harm, disfigurement, maiming, or putting someone's life in jeopardy. Aggravated assault results in severe physical harm, usually permanent, whereas minor assault offences may inflict harm that "interferes with the victim's health or comfort." Aggravated assault that causes substantial bodily harm to another person is only considered an indictable offence, in contrast to other assault charges. The same rules apply to aggravated assault on a police officer. You might spend up to fourteen years behind bars if convicted.

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Assaulting a peace officer(Section 270 C.C.)

Assaulting a peace officer

• 270 (1) Every one commits an offence who

  • (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

  • (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

  • (c) assaults a person

    • (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

    • (ii) with intent to rescue anything taken under lawful process, distress or seizure.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

  • (b) an offence punishable on summary conviction.

In Ontario, it is illegal to assault a peace or public official while they are on duty or to obstruct a valid arrest. Either a summary trial or an indictable offence, which has a maximum sentence of five years in jail, may be used. A maximum of ten years in prison is imposed for causing physical harm or assaulting the officer with a weapon.

 

Sexual Assault (C.C. Section 271)

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271 Everyone who commits a sexual assault is guilty of

• (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

• (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Making sexual advances or contact with someone without that person's consent is known as sexual assault. Whether it is rape or sexual contact, it is a serious type of violence. A sexual assault summary conviction carries a maximum sentence of 18 months in prison. It carries a maximum sentence of ten years in jail if found to be an indictable offence. If the victim is younger than sixteen, the penalty could be increased to fourteen years.

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Using a banned weapon or causing physical harm during sexual assault carries a maximum sentence of fourteen years in jail. First-time offenders face a five-year sentence for serious sexual assault convictions. The penalty increases to seven for repeat violations.

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