Facing criminal charges is inherently stressful but when an allegation involves physical injury to another person, the stakes rise exponentially. In Alberta, navigating the intersection of the Criminal Code of Canada and established common law principles is complex. At White and Jeet Law, we believe that understanding the charges, potential penalties, and available legal defences is the first critical step toward protecting your future and your freedom.
Understanding the Charge: What is “Bodily Harm”?
Under Section 2 of the Criminal Code of Canada, “bodily harm” is defined as any hurt or injury that:
Interferes with the health or comfort of the person, and
Is more than merely transient or trifling in nature.
This definition relies heavily on interpretation by the courts. A simple bruise or a minor scratch may not meet the threshold of “bodily harm” if it fades quickly and doesn’t interfere with the victim’s daily life. However, injuries such as deep lacerations or concussions almost certainly will.
Penalties for Assault Causing Bodily Harm
Assault causing bodily harm is classified as a “hybrid” offence in Canada. This means the Crown Prosecutor has the discretion to proceed either by indictment (for more serious cases) or summarily (for less severe cases).
The potential maximum penalties are significant:
By indictment: up to ten years in prison.
On summary conviction: up to eighteen months in prison.
Defending Against an Assault Causing Bodily Harm Charge
Being charged is not the same as being convicted. An experienced criminal defence lawyer will explore several avenues to defend you including but not limited to the following:
2. Self-Defence
Under Section 34 of the Criminal Code, you are allowed to use reasonable force to defend yourself or others from a threat of force. When this defense is raised, the Court will assess the following:
- Whether you believed on reasonable grounds that force or a threat of force was being used against you or another person;
- Whether the act that constituted the offence was committed for the purpose of defending or protecting yourself or the other person from that use or threat of force; and
- Whether the act committed was reasonable in the circumstances.
3. Lack of Intent (Mens Rea)
To be convicted, the Crown prosecutor must prove beyond a reasonable doubt that you had the necessary criminal intent. If the injury was the result of a genuine, unforeseeable accident rather than a reckless or intentional act, a conviction for assault may not be justified.
4. Charter Violations
If the police violated your rights under the Canadian Charter of Rights and Freedoms during your arrest or investigative detention —such as failing to advise you of your right to counsel or conducting an illegal search—essential evidence against you could be excluded from the trial.
Protect Your Future with White and Jeet Law
A conviction for assault causing bodily harm carries the risk of potential jail time and a criminal record which in turn can restrict your liberty, employment and travel. When facing an assault causing bodily harm, it is vital not to face the justice system alone.
At White and Jeet Law, we carefully analyze the Crown prosecutor’s evidence and build a strategic defense tailored to the specific facts of your case. We are dedicated to fighting for your rights, protecting your reputation, and securing the best possible outcome for your case.
Disclaimer: The information provided in this blog post is for general educational purposes only and does not constitute legal advice. Criminal law is complex and outcomes depend heavily on the specific facts of a case. If you have been charged with a criminal offence, consult with a qualified criminal defence lawyer immediately.
