Your Assault Causing Bodily Harm Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Assault Causing Bodily Harm?
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If assault resulting in bodily harm has been charged against you, this is a very serious matter. Penalties are much harsher compared to regular assault charges and this can affect you for life. If you have been charged with assault anywhere in Peel Region including Brampton, it is important to understand what the charge means reasonably and what options are open to you.
What is Assault Causing Bodily Harm?
Assault under Canadian law Code section 265 is defined as committing violent actions against another person without that person’s consent. This includes threats of force that result in various kinds of harm.
Assault resulting in bodily harm is a more serious offense found in Section 267 of the Criminal Code. This applies when there is an injury that matters. This doesn’t mean the injury has to be permanent or severe, but it has to matter enough to affect the complainant’s health or comfort in a meaningful way. Bruises, cuts, broken bones or any that require medical attention usually meet this standard. It is important to distinguish this charge from others in this group:
- Assault (Section 266): No injury or only minor contact
- Assault resulting in bodily harm (Section 267): An injury that is more than minor
- Aggravated assault (Section 268): Wounding, incapacitating, disfiguring or endangering life
Facing charges determines what penalties the Crown can seek and how your case will go.
Consequences for Assault Causing Bodily Harm
Assault resulting in bodily harm is considered hybrid because Crown prosecutors can decide whether to prosecute summarily or by indictment. Factors that determine this choice are the severity of the injuries and whether the accused has a previous criminal record. If prosecution is by indictment, maximum penalty is incarceration for ten years; if prosecution is by summary procedure, maximum penalty is eighteen months. However, in actual practice sentences vary widely depending on specific circumstances along with aggravating and mitigating factors and background of the accused.
Beyond jail time, a conviction for assault resulting in bodily harm can result in:
- A permanent criminal record
- Probation with conditions
- Prohibition of firearms
- No contact order with complainant
- Immigration consequences for non citizens including possible deportation
- Losing employment especially jobs that require security clearances or professional licenses
- Difficulties traveling internationally around the world.
Consequences resulting from a conviction are very wide ranging. Even someone who has no other criminal record and is charged for the first time will face lots of consequences. So, it is important to be aware right from the start how to deal with this charge.
How We Defend an Assault Causing Bodily Harm Charges
You can’t dismiss any defence in assault cases. The case depends on a variety of factors such as court presented facts and specific incident situation. But some defences that are often filed in such cases include.
Self Defence: Section 34 of Criminal Code says that if someone believes that force has been used against them or threatened to be used and responds proportionately, they are not guilty of any crime. Courts will then decide how dangerous the threat is, other options available and how much physical force was needed.
Consent: Assault charges can sometimes be negated if the victim consented to use physical force. This would apply to fights that are agreed upon or games like sports. Consent is a complete defence against assault charges, but limitations apply especially if serious injuries occur.
Credibility of Complainant: When parties to the offence testify verbally, the defence can use inconsistencies in testimony, statements that contradict what the complainant says, anything that lowers the credibility of the evidence of the complainant to cast doubt on the truthfulness of what the complainant says.
Identity: When there is uncertainty about who committed the crime or when the accused person is not clearly identified, defence can raise arguments suggesting Crown did not prove that the actual perpetrator is the accused.
Charter Arguments: If police violated your Charter rights during investigation or arrest, your lawyer might file an application in court to exclude evidence.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Assault Causing Bodily Harm Charges FAQs
To secure a conviction for assault causing bodily harm, the Crown Attorney must prove each of the following elements beyond reasonable doubt: First, that the accused intentionally used force against the complainant or threatened to use it in such a way that the complainant believed use of force was imminent. Second, that the complainant did not consent to that force. Finally, that the use of force resulted in some bodily harm: meaning harm that was not fleeting or trivial.
In court, it is the Crown's responsibility to provide evidence related to the matter at hand. You do not prove your innocence; you do not need to. If the prosecution cannot prove that an offense has occurred, you can be found not guilty. Strategy planning for a case thus requires careful analysis of evidence.
Typically, Prosecutors rely on a mix of these things.
Key evidence at trial includes testimony from the complainant, photos taken by police at the scene, medical records that detail nature and extent of injuries, notes and observations by police officers, statements from people who were present or near the incident, surveillance footage if available, and statements made voluntarily by the accused at arrest time. Importantly, testimony from the complainant can stand alone and result in a conviction if the judge finds it credible and trustworthy. Lack of other evidence does not mean charges fail.
After charges of assault resulting in bodily harm are brought against you, the most important thing you should do is to meet a Criminal Defence Lawyer as soon as possible. Before you seek legal advice do not speak with police, try to contact the complainant or engage in informal proceedings. Doing any of these things can worsen your case. Your lawyer will review disclosure (evidence), analyze Crown evidence and case, share possible results of your case with you and develop a strategy that fits your specific situation.
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Have You Been Charged with Assault Causing Bodily Harm?
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