Assault Causing Bodily Harm is a crime resulting from the act of intending to apprehend or cause harm to another individual through offensive contact. A verbal or visual threat does not qualify until either direct or indirect contact has been made.
Although assault causing bodily harm incidents are often found in cases of domestic assault, robberies, kidnappings, attempted murders, resisting arrest, the prosecution will always attempt to seek a maximum verdict, or a combination of charges.
If you are facing any of these charges:
The Levels of Severity of Assault Charges in Canada are:
2) Assault Causing Bodily Harm / Assault with a Deadly Weapon
3) Aggravated Assault – (wounding, scarring, maiming, +robbery, +intent to kill, +rape)
4) Attempted Murder
5) Manslaughter (causing death without intent)
Penalties for Assault Causing Bodily Harm in Toronto
Penalties will be dependent upon whether the case is taken to civil or criminal court. But in general, the consequences of causing someone bodily harm will inevitably be dependent on the extent of physical & emotional injury done to the victim, and can be a combination of fines, restitution, community service work, and a jail term. The most serious incidents can result in a prison term of up to 10 years.
For more significant cases of bodily harm, the prosecution may aim for a tougher verdict of aggravated assault, criminal negligence or attempted murder, resulting in stiffer penalties. If a sexual assault, assault of a police officer, or assault with a deadly weapon accompanied the assault, the verdict may be escalated or multiple charges could be laid resulting in an even longer sentence, especially if this is a repeated offence.
The Criminal Code of Canada States:
221 Causing bodily harm by criminal negligence
221 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Have you been charged with Assault Causing Bodily Harm?
There are several approaches to defending individuals in assault cases. For example, it can be argued that the contact was unintended, or that it was done in self-defense or while defending someone else. In many cases the witness’s testimony can be deemed unreliable or that the incident was concocted as a means of achieving revenge out of jealousy, anger, or in domestic assault cases, to gain custody over children. There are many strategies to use in a well-prepared case to achieve a successful outcome.
In any case, a guilty verdict will result in a criminal record, affecting your access to children, ability to travel abroad and get a job, and your personal freedoms. Our law team of Bruce Karten & Stephen Hebscher handles countless assault causing bodily harm cases each year in Toronto, and offer a free consultation to discuss your situation and the likelihood of success. See what our other clients are saying about us. We can help you too!
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)