Simple Assault, Assault Causing Bodily Harm, & Aggravated Assault

Assault charges represent one of the most common types of criminal offences in Ontario, ranging from minor altercations to serious violent incidents. If you're facing assault allegations in Kingston, Napanee, Brockville, or Belleville, understanding the different levels of assault charges and what they mean for your situation is essential.

Understanding Simple Assault

Simple assault is the most basic form of assault charge in Ontario. It involves the intentional application of force to another person without their consent, attempting to apply force, or threatening to apply force through acts or gestures.

What many people don't realize is how broadly "assault" is defined under Canadian law:

• Pushing someone during an argument
• Grabbing someone's arm
• Throwing an object at someone
• Spitting on someone
• Even threatening gestures in certain circumstances

Importantly, visible injuries are not required for assault charges to be laid. Any unwanted physical contact (no matter how minor) can form the basis of an assault charge. The law focuses on the lack of consent to physical contact, not the severity of harm caused.

Assault Causing Bodily Harm

Assault causing bodily harm involves the same conduct as simple assault but results in injuries that interfere with the complainant's health or comfort beyond a trivial or temporary way. The distinction often comes down to medical evidence and the nature of injuries sustained.

"Bodily harm" can include:

• Bruising or swelling requiring medical attention
• Cuts requiring stitches
• Broken bones or fractures
• Sprains or strains affecting function
• Concussions or head injuries
• Any injury causing more than momentary pain or discomfort

Crown prosecutors in Ontario determine which charge to lay based on medical evidence, photographs of injuries, hospital records, and the complainant's account of how the injuries affected them.

What Is Aggravated Assault?

Aggravated assault is the most serious level of assault charge, involving conduct that wounds, maims, disfigures, or endangers the life of the complainant. These charges typically arise from incidents resulting in severe injuries:

• Permanent scarring or disfigurement
• Loss of limbs or bodily function
• Serious head injuries with lasting effects
• Injuries requiring extensive medical treatment
• Life-threatening harm

The key distinction is the severity and permanence of harm caused. Even if you didn't intend to cause such serious injuries, if your actions resulted in wounding, maiming, disfigurement, or endangerment of life, aggravated assault charges may apply.

Moving Forward

Whether you're facing simple assault charges arising from a momentary lapse in judgment, assault causing bodily harm where injuries were more serious than you realized, or aggravated assault allegations involving significant harm, understanding your options and the path forward is essential.

Each assault case is unique: the circumstances of what occurred, the relationship between the parties, the evidence available, any history of similar allegations, and numerous other factors all significantly affect how cases proceed and ultimately resolve.

Assault allegations are serious matters that require careful attention and strategic handling. Getting informed guidance about your specific situation, the evidence involved, available defences, and realistic outcomes can make a substantial difference in how your case unfolds. If you're facing assault charges in Eastern Ontario, taking action to understand and address your situation is an important step forward.