29 Sep What Are Aggravated Assault Charges in Alberta?
What You Need to Know If You’ve Been Charged
Facing aggravated assault charges in Alberta can be terrifying. You may get anxious or confused about what to do when facing these charges. But what is important is not to panic and instead think of what you can do for yourself, such as seek legal counsel for your next possible steps. Awareness is key, and knowing what to do next is crucial, especially if these accusations will leave a serious impact on your future.
What Does “Aggravated Assault” Actually Mean?
In Alberta, an assault accusation involving serious injuries is known as “aggravated assault.” This claim indicates that someone was gravely injured in the course of an assault. Such instances include requiring stitches, ending up with fractures or broken bones, or suffering a critical injury endangering one’s life.
According to the Criminal Code of Canada, aggravated assault occurs when someone wounds, maims, disfigures, or endangers the life of another person. Even if the accused has no specific intent to cause these outcomes, if the other person ends up sustaining these injuries in the course of an assault, the charge will still be filed.
Examples That Could Lead to an Aggravated Assault Charge
There are various situations that are considered, but some common examples include:
- Engaging in a physical fight that results in one or both parties suffering broken bones.
- Hitting someone with one’s fists or a weapon that renders them unable to use a part of their body (even if temporary), or less able to fight.
- Using a knife or other sharp makeshift weapons that wounds the person, causing their skin to break open and bleed in a manner that constitutes a serious injury or interferes with their integrity, health, and well being.
- Causing injuries or scars that change the complainant’s appearance. Disfigurement, however, involves more than a temporary marring of the person’s figure or appearance.
- Objectively placing the individual in a situation that endangers the person’s life.
Discussions can take a turn for the worse. What initially may have started as a heated disagreement can lead to an aggravated assault situation. This often occurs, particularly if authorities such as the police are brought into the scene and see that the injury was severe.
What Could Happen If You’re Convicted
In Calgary, significant assault accusations—including aggravated assault—are classified as indictable offenses, the most serious type of criminal charges in Canada. If you’re found guilty, you could face:
- Up to 14 years in prison
- A criminal record that follows you for life
- Trouble with travel, work, and future legal matters
Do not take this lightly; the courts take these situations seriously. The judge will look at your criminal history, the details of what happened, and how the other person was affected.
What You Can Do About It
Just because you’ve been charged does not mean you’ll be determined guilty of the crime. Everyone, including you, still has their rights that you should exercise. There are also defences available for each case. Some possible defences include:
- Self-defence. You were trying to protect yourself or someone else from getting hurt
- Mistaken identity. Maybe the wrong person was charged
- Consent. Consent may play a role in some circumstances, such as mutual fights and combat or contact sports, so long as you were not specifically intending to cause bodily harm (or if the judge has a reasonable doubt in that regard).
Every case varies and is distinct. That is why it is important to reach out to a defence lawyer, so you can understand clearly what this means for you. A licensed professional can help you out in exploring your options and advise you on what actions to take next.
Speak to a Lawyer as Soon as Possible
When you’re facing aggravated assault charges in Alberta or other serious assault charges in Calgary, the next steps you take will be critical. Talking directly to a lawyer as early as possible can make or break the situation. Once you have acquired a defence lawyer, they can help explain to you the gravity of the situation while also being able to discuss with the Crown prosecutor to work with them on reducing or potentially dropping the case.
Facing Charges? Get in Touch with Jason Wuttunee
Contact and reach out to Jason Wuttunee if you have been accused of severe assault in Alberta or if you are facing serious assault charges in Calgary. He is an Alberta-based criminal defense attorney who works closely with clients to support them in trying and challenging times like these. Jason will provide honest advice and defend your rights both in and out of court.
Get in touch with us today and find out how we can help.
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