An assault is the act of inflicting physical harm on a person, or the credible attempt to do so. It is defined as the intention to apply force to someone, either directly or indirectly, without that person’s consent. Importantly, actual injury does not have to happen for an assault charge to occur; threat alone can legally be enough. What does have to exist is intention to cause harm on the part of the offender, and that the person being harmed did not give consent. Accidental injury does not constitute assault.
Physical assaults can be random or targeted, and can lead to serious personal injury including: broken bones, brain injuries, bodily injuries and emotional trauma. These can have lingering and lifetime effects with consequences to a person’s livelihood.
As both a tort and a crime, assault can be charged civilly and/or criminally. Criminal law will seek to punish the offender, and is punishable by the state. Recognizing the spectrum of severity that assaults can fall under--ranging from bar fights to domestic disputes--Canada has a three-tier system for classifying and charging assaults. These are: assault with a weapon, assault causing bodily harm, and aggravated assault. Assault causing bodily harm is a statutory offence in Canada. Aggravated assault is an indictable offence containing a maximum penalty of 14 years in prison if convicted. Aggravated assaults are the most serious, hence the harsh penalties. While sexual assault
also falls under the crime of assault, typically it is charged differently.
In a civil assault case, damages from the offending party will be sought. When physical injury happens, the victim should not be responsible for financial consequences that result. Hanson & Co’s experienced team of lawyers can bring actions for civil compensation
such as pain and suffering, past and future wage loss and treatment costs. We understand the uncertainty and fears that arise from unexpected physical injury. And while financial compensation cannot undo the suffering inflicted, it can help with the recovery, medical expenses or other treatments needed to get your life back on track. Let us fight on your behalf to get you the compensation you deserve for your injury, and to find the closure to put this difficult phase of your life behind you.
If a physical injury has been inflicted on you, seek legal counsel as soon as possible to give your case the best chance of success. No matter your unique scenario, our physical assault lawyers are equipped to represent you. We will take the time to understand your situation, and approach each case with a highly individualized strategy. Making sure our clients feel engaged throughout the legal process is our priority, and we will keep you informed every step of the way. Let us help you start the process of recovery.
Know your rights. Contact us
, or call us at (604)984-7555, for your free, confidential, no-obligation consultation. We are proud to serve the Lower Mainland. Services are available in English and Farsi
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