Assault causing bodily harm is the intentional application of force to another person without their consent that causes them injury that is more than “transitory or trifling”. An injury such as a scratch or black eye is generally not sufficient, but a broken nose or fractured leg would satisfy the legal requirement.
There is often confusion between assault causing bodily harm and aggravated assault. The primary distinction between the two offences is the severity of the injuries. Aggravated assault involves wounding, disfiguring or maiming a person. Assault causing bodily harm involves injuries that are lessor than aggravated assault but greater than a simple assault in which minor scrapes or bruises result from the incident.
The consequences of being found guilty of assault causing bodily harm are significant. The greater the harm suffered, the greater the penalty. Sentences for assault range from discharges to a maximum of 10 years in jail.
Defending your assault causing bodily harm charge requires an experienced defence lawyer by your side. Cory Wilson has successfully represented countless individuals charged with assault causing bodily harm.
Peace Bond
Depending on the severity of the allegations, an accused may enter into a Peace Bond in which they are bound by certain conditions such as counselling, abstaining from alcohol and having no-contact with the complaint. Upon signing the Peace Bond, the criminal charges are withdrawn and the accused person is left with no criminal record. A Peace Bond is not a finding of guilt.
Cory Wilson’s experience, skill and close working relationship with the Crown Prosecutors Office has consistently and continuously resulted in his clients’ assault causing bodily harm charges being resolved by Peace Bond.
Alternative Measures Program
In certain circumstances, an accused person may have their assault charge withdrawn by entering into the Alternative Measures Program. This is a program that diverts offenders from the traditional court system and upon completing certain conditions such as counselling or community service, the assault charge is withdrawn leaving the accused with no criminal record.
Often, the difference between entering the Alternative Measures Program or not, is having the right criminal defence lawyer. Cory Wilson works tirelessly to ensure that each client who is eligible for the program, is accepted into the program.
Trial
At trial, the most common defense to assault causing bodily harm is self-defense. A person is justified in using force against another person to protect themselves, their property or a third-party as long as the force is reasonable. Despite it being lawful to defend oneself, very rarely do the police make such inquiries in an assault investigation and instead lay charges based on the complainant’s version of events.
Assault trials are generally he said/she said in which there are no independent witnesses. These trials come down to a credibility contest in which it is incredibly important to hire an experienced and skilled lawyer who can effectively cross-examine the complainant in order to raise a reasonable doubt.
Not all trial lawyers are made the same. It takes years and significant practice to properly and effectively cross-examine witnesses. Cory Wilson has conducted countless cross-examinations leading to his clients repeatedly being found not guilty at trial.
CALL US TO ARRANGE A CONFIDENTIAL CONSULTATION
To speak with Cory Wilson or arrange a free, no obligation consultation, call 403-978-6052 or email us here.
