What Is Common Assault In Criminal Law?
The least serious of the three types of assault, common assault, is committed when an individual intentionally applies force to another person without said person’s consent. The seriousness of the injury inflicted separates this type of assault from other, more severe forms of assault.
Common assault is one of the most frequently laid charges across Ontario. In this article, we’re going to take a look at some of the most common charges of this type and what the penalties are. Take a look now for more information.
Common Assault Charges
Common assault, sometimes referred to as Level 1 assault or simple assault, comes in a few different forms. Common assault can be either a summary or an indictable offence, and the difference usually depends on a few key factors.
The most common assault charges are summary offences. This is because they are the least severe form of assault and, even if they result in injuries, are not usually severe enough to be considered indictable.
In Ontario, a summary offence is tried by a single judge, and the accused is not allowed a preliminary hearing or a trial in the Superior Court. These offences may not result in prison time unless the offender has previous convictions or a criminal record.
If a common assault is tried as an indictable offence, the accused is allowed to choose their mode of trial. This means they can either be tried in the Ontario Court of Justice or the Superior Court. They may be tried by a single judge or a judge and jury. They also have the right to a preliminary hearing if they wish to have one.
Penalties For Level 1 Assault Charges In Canada
The maximum penalty for common assault in Ontario is five years in prison. First-time offenders do risk jail time, but it is unlikely to reach the maximum punishment for this crime.
People accused of common assault also face punishments like house arrest, probation, and a criminal record. A criminal record may affect your ability to get jobs in certain professions, like nursing and other healthcare professions. It could also affect your ability to visit certain countries or return to Canada if you’re not a citizen.
Have You Been Charged With Simple Assault? Call What The Law!
Have you been charged with simple assault in Ontario and wondered how the process works? Here at What The Law, we are very experienced dealing with common assault charges.
Our dedicated and professional team is on hand to make this process as straightforward as possible and is available to support you whenever you need it. Get in touch today to learn more about how we can help you with your common assault charge!