(PRUnderground) March 29th, 2023
It is a basic human instinct to avoid confrontation and to not cause harm to others. These basic instincts, in combination with our criminal laws help to maintain a just, peaceful and safe society. However, there are inevitably situations that arise in our lives that cause this order to break down. People get into disagreements, and sometimes, unfortunately those disagreements devolve into physical altercations. There are situations when a person is justified in using some force, for example: in self-defence situations. However, in absence of a lawful justification, the application of force without consent is an assault. The degree of harm inflicted on the other person determines the severity of the punishment. Jeremy Jensen — Jensen Law is able to explain about the various degrees of assault:
What is commonly called a “simple assault”, while not a term that is derived from the Criminal Code, is generally an assault where there is no bodily harm, or only minimal or trifling bodily harm occasioned with the assault. While obviously less serious than Assault Causing Bodily Harm, Assault with a Weapon and Aggravated Assault, a conviction for a “simple assault” can still have significant and lasting consequences for an individual. In some cases, merely threatening to punch or kick someone can constitute an assault; that is to say, you do not even have to make contact with someone’s body for an assault to be made out in law.
Elements Of Assault
The common elements of a simple assault that must be proven for a conviction include:
- Force: The application of force, or the attempt to application of force, or the threat to apply force.
- Intent: The accused person must intend to apply the force or attempt or threaten force. Assault is a general intent offence, meaning the scope of intent will be assessed liberally by the courts. However, if the application of force is involuntary, or caused by a purely reflexive action, then the intent for the offence will be lacking.
- Absence of Consent: For an assault to be proven, the Crown needs to establish that the complainant did not consent to the assault or otherwise suggest that they were inviting some application of force. That said, if there is bodily harm, it does not matter if there was consent to the force or the fight. In Canadian Law, a person cannot consent to bodily harm.
Factors Affecting Penalty
If a person is charged with a “simple assault” then the matter is dealt with “Summarily” by the Crown. That means that the matter will proceed in Provincial Court and there will not be a judge and jury, but will be presided over by a Provincial Court Judge. If convicted after trial, or if the individual decides, after consulting with a lawyer, that they should plead guilty, then the judge will consider all the individual factors of the accused and all the circumstances of the case to determine the appropriate sentence or punishment.
While the Criminal Code sets out that the maximum penalty for Assault is five years in jail, the reality is that this would be an unusual outcome for a simple assault. Most people who come before the courts with no criminal record who are subsequently convicted of assault, do not go to jail. Most of these individuals end up receiving periods of probation, although the length of the probation, and the shape of the sentence that attaches to that probation, vary greatly from individual to individual. Some people receive what are called suspended sentences, while others might receive the benefit of a conditional discharge. Other individuals with lengthy assaultive histories are more likely to find themselves subject to Conditional Sentence Orders and indeed, as a last resort, confined to periods of incarceration for committing assaults, especially where the assaults are committed against intimate partners.
Here are some factors that could influence the conviction:
- The absence or presence of a related criminal record;
- Involvement of drugs or alcohol in the case;
- Mental health and disabilities of the accused;
- Whether the assault was against an intimate partner;
- Whether there was some provocation that led to the assault.
Even though you are charged with something that is commonly referred to as a “simple assault”, you can see that there are some complexities to this offence and that it is advantageous to have a legal professional who specializes in criminal law in your corner. You will have Jeremy Jensen and his associates – experienced criminal defence lawyers by your side to navigate the complex labyrinth of the Canadian criminal justice system. Jeremy Jensen, and the team at Jensen Law is a top-performing law firm who are based in Kamloops, but who practice throughout the Province of British Columbia, and Western Canada. They are a team whom you can trust and consult with for all your law-related disputes including criminal, personal injury, constitutional, and administrative laws. Call Jensen Law to protect your rights at https://www.jensenlaw.ca/
What Differs Jeremy Jensen at Jensen Law From Others?
Jeremy Jensen is a recognized criminal defence lawyer in Kamloops. He has tirelessly built on Jensen Law’s long-standing track record of success by consistently providing outstanding legal services to his clients. Having a Master’s Degree in Law from the University of Canterbury, Jeremy has provided exceptional legal services across western Canada and the North for the past decade. He has completed an interesting thesis on why Aboriginal people in Canada and New Zealand are overly represented in the penal system.
Jensen Law is a premier criminal defence firm representing clients throughout British Columbia which are committed to providing its clients with complete and equal protection against any charges arising from quasi-criminal motor vehicle offences. They conduct trials and represent clients at every level of the case process. They can help you out in dealing with fraud, robbery, domestic and simple assault, shoplifting, gun charges, murder, administrative matters, homicide, impaired driving prohibitions, mischief, constitutional law, arson & personal injury-related disputes.
“Clients facing serious legal problems want the best. ThreeBestRated® seeks out the best online and through trusted sources with their regulated 50-Point Inspection. Jensen Law is proud to be frequently nominated by ThreeBestRated® as one of the best firms in Kamloops! We are one of the largest Criminal Defence firms in the interior of British Columbia. But with 6 lawyers we are small enough to have a truly collaborative practice. Our lawyers have appeared at every level of court in BC and the Supreme Court of Canada. We also take cases in any province or territory. We take pride in exceptional counsel work. Whether it is in trials, appeals or negotiations with the Crown and other state actors, we consistently achieve exceptional results for our clients. We plan to successfully assist as many clients as possible, in the face of an ever-changing and increasingly complex legal landscape in Canada”, Shared the firm upon receiving the award.
Three Best Rated® was created in 2014 with the simple goal of finding the top 3 local businesses, professionals, restaurants, health care providers, and everything in-between, in any city. Every business is meticulously handpicked by our employees. We check business’s reputation, history, complaints, ratings, proximity, satisfaction, trust, cost, general excellence, reviews, and more, using our 50-Point Inspection. We only display businesses that are verified by our employees. Other places will call this “hard work” and “unnecessary”. We call it “due diligence” and “the right thing to do”. Our website is updated on a regular basis for quality and the latest business information.
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Original Press Release.