Assault with a weapon charge requires the Crown prosecutor to prove that you either used a “weapon” or caused someone “bodily harm.”
An assault has three components: -There is force, whether direct or indirect -That application of force was intentional -There was no consent for the application of force Minor injuries may be considered “bodily harm” in Canadian law. Deep bruising or a small cut may be enough to prove an assault causing bodily harm.
It is essential to note that a person can NOT consent to an assault causing bodily harm. That is, you cannot plead that there was a “consensual fight” where the victim suffers physical injury. An exception to this rule is sporting events. If you are involved in a similar situation, it would be useful to contact A.R.E. Law to find out if this defence is available to you. Unlike assault causing bodily harm cases, it is possible to consent to an assault with a weapon. Otherwise, a snowball fight would be considered illegal.
Although each case is unique, the penalties for assaults with a weapon or causing bodily harm are generally higher than basic assault. They include: -Jail (up to 10 years) -Probation (up to three years) -An order that you give a sample of your D.N.A. to the national D.N.A. Databank -A lifetime ban on owning any weapons -A fine The typical starting point sentence, however, is jail.
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