There are many different types of assault charges in the province of Manitoba and Canada as a whole. Ranging from simple assault to aggravated assault, there are many intricacies when it comes to the Criminal Code of Canada. Your law team should be well-versed when it comes to assault charges, so they know the best way to defend you and lessen the penalties you may face.
Information on Winnipeg Physical Assault Charges
Typically, people believe that assault cases occur when there is a physical attack. But assault charges can also occur without any physical violence at all.
The Criminal Code
According to Section 265(1) of the Criminal Code of Canada, assault charges can be laid against a person for committing assault if they:
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs
What this means is that the charges can be laid when someone threatens to hurt a person or shows a weapon or even something that looks like a weapon. There only has to be the intent to cause harm to prove assault in some cases. There doesn’t even have to be any evidence like a bruise or other injury.
Another important factor of physical assault cases is that the offence must have occurred without the consent of the victim. This aspect must be proved by the Crown prosecutor in charge of the case. These stipulations involve general assault, but there are many different forms of assault and some have stricter and more severe repercussions than others.