Aggravated assault is more serious than common assault in that there is a requirement for the complainant to have been wounded or maimed or disfigured or to have had their life endangered. Aggravated assault is a very serious criminal charge. If you have been charged with this crime you will need to talk to a lawyer. Call Patrick Penny today and get an experienced lawyer on your side. Mr. Penny has defended many aggravated assault charges.
The mens rea necessary for this crime to be made out as set out by Supreme Court of Canada in the case of R. v. Godin  2 S.C.R. 484 is that there must be an objective foresight of bodily harm. The mens rea for aggravated assault is the mens rea for common assault, together with objective foresight of the risk of bodily harm. R. v. Nanemahoo (2011) 281 C.C.C. (3d) 206 (Alta. C.A.).
This offence carries with it a maximum term of imprisonment of 14 years. This is the maximum. Most convictions for aggravated assault carry with them the serious risk of substantial jail time even if the maximum sentence is not imposed. There are certain thresholds of injuries required in order for the offence to be truly made out. Again, talk to Patrick Penny.
Aggravated Assault As Defined In The Criminal Code
268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where
(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
(b) the person is at least eighteen years of age and there is no resulting bodily harm.
(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
Patrick Penny: (403) 342-9595.
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