There are serious repercussions that can come from being charged with various forms of assault in the Manitoba area. Depending on what types of charges you may be facing, the penalties, fines, and in some cases jail time that can accompany an assault conviction can be very damaging. There are different categories of assault depending on whether there is intent, if you had a deadly or dangerous weapon, whether it was of a sexual nature and whether you had an intimate relationship with the person you assaulted.
Simple assault
If you are charged with simple assault, it means you willfully either threatened or attempted to cause harm to another person. It is possible to be charged with simple assault, even if you do not touch or inflict bodily harm on someone else. Whether you actually hurt or inflicted harm doesn’t matter in a simple assault charge; the charge is based on just the intention.
Aggravated assault
When someone is accused of aggravated assault, it means that they actually did or meant to cause serious bodily harm to another person. As opposed to a simple assault charge, when you are charged with aggravated assault, there is the presumption that you recklessly and knowingly showed depraved indifference to another human being, and either did or tried to cause them bodily harm. Crimes that fit into aggravated assault are rape, murder, or robbing with the addition of a deadly or dangerous weapon – but this is by no means a comprehensive list.
There are different degrees of aggravated assault; generally the more egregious and severe the act, the harsher the penalties a person can face. Knowing which charge you are facing is integral to building the proper defense to save you from a criminal conviction.
Sexual assault
Sexual assault charges can be brought against anyone who forcibly sexually violates a victim. The Supreme Court of Canada stipulates that to be charged with sexual assault, no single part of the human anatomy needs to be violated; the charge instead involves a sexual act that violates the victim’s integrity. The factors related to sexual assault charges are:
- Which part of the body is touched
- What the nature of the contact was
- What were the circumstances related to the contact?
- Where there any gestures or words that accompanied the act?
- Were there other issues surrounding the event?
- Was there a threat of force or actual physical force associated with the event?
Domestic violence and assault
Domestic assault is when someone is accused of either threatening, intimidating, or physically harming their partner. If you are accused of domestic violence or assault, there are typically restrictions placed on when you can have contact with your partner. If you are found guilty of domestic violence assault, you may face harsher consequences than if you are charged with non-domestic assault.
There are many different assault charges in Manitoba. A simple assault will carry less severe consequences than an aggravated assault. To figure out what defense will work best to protect you against facing fees, penalties, and in some instances jail time. A professional criminal defense attorney can help shed light on your case and provide legal guidance. Call Pinx & Co. today.