VM Law

The most serious offense in the Criminal Code is assault under Canadian law. Simple assault is when you use force to strike another person, causing harm. Other kinds of assault include domestic assault, assault with a weapon, and aggravated assault. The prosecution must prove that the accused committed an act of force without the consent of the victim and intended to do so. An assault conviction can lead to a light sentence such as probation or discharge. The sentence with assault depends on if the Crown proceeds by indictment or not. The maximum term of imprisonment is 5 years if it is an indictment. If the Crown proceeds by summary conviction, the maximum term is two years less a day. Domestic assault is where a husband, wife, dating, family members or cohabitant disputes about the attack. Police and Crown take these disputes seriously. An important exception to note is that it is not withdrawals and charges by the victims of domestic assaults. Once the charges have been laid and the police reports, it is up to the Crown to decide whether to go ahead. A domestic assault conviction can lead to a maximum of five years in prison. However, there are shorter sentences. Also, if the accused persons are charged for the first time, they can apply for the Early Intervention Program (PARS). This program is not for everyone, so it requires a consultation with a criminal defence lawyer.

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