Assault … Some people will have difficulty finding a surety because they have few family and friends in the city. The Government of Canada defines bodily harm as, “Any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.” A common assault has been committed when an individual intentionally applies force or threatens to apply force to another person, without that person's consent. In Canada, all it takes is one person to make an accusation and a person’s life can be ruined. All offences before the courts have sentencing guidelines. When most people think of weapons they think of guns and knives. The reality is that they are primarily interested in charging people with criminal offences and, especially in the domestic context but quite frankly almost all contexts, they will charge people criminally for anything that could possibly support a conviction in court. This type refers to assaults where no weapon is used and no harm bodily harm is caused to the victim. This is the lowest form of basic assault often referred to as "assault simpliciter". Common assault carries a maximum penalty of six months in prison and/or a fine or community order. If the parties are not legally married, the Crown Attorney will have to prove the defendant did not actually own (thus having a right to damage) the item/property. Where can I make a complaint about all of this? Feeling frustrated over the seemingly ridiculous position their relationship/family has been put in, one or both parties often think: Simple assault (s. 266) is a hybrid offence under the Criminal Code of Canada, which means that the Crown Prosecutor could choose to proceed by summary or by indictment based on the circumstances of the offence. Common assault is a summary offence. Who can I talk to to fix this now? Common assault is the least serious of the assault charges. Common assault carries a maximum penalty of six months in prison and/or a fine. In reality the job of the police is to gather enough evidence (often just statements from witnesses) to arrest and charge one or both spouses criminally. The individual who is charged may also be required to obtain a surety to agree to pledge money and supervise their release in the community. We use cookies to give you the best possible experience on our website. First time offenders, who are naïve about the system, falsely believe they are insulated from the dark worlds of poverty, homelessness, addictions, and having no future ahead of them. Even if the two parties are just arguing or yelling, if it happens in a public place, there is usually at the least one person who will decide to call the police. Aggravated assault is the most serious type of assault. The police never tell the people at the doorstep before getting a statement or before they answer their questions that: “if you tell us he/she grabbed your arm two months ago (or whatever other allegation), that they will have to move out of the house for many months, not talk to you, and may end up getting a criminal record that will render them unemployable”. These charges are sometimes referred to as a simple assault, common assault, or domestic battery in Canada. Is something not working? If you have been encouraged to take a case to trial when A surety may be required to supervise the release of the accused on bail The offence is aggravated by being committed in a domestic situation and is also made worse by it being committed in the presence of your children. Alleged to have made a threatening gesture or movement while holding the weapon. 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