Aggravated Assault – Different Types Of Cases Considered Under It
Aggravated offences are given punishments based on the consequences of the act and the intensity of the assault. Based on the laws of Toronto there are various factors that could contribute to aggravated assault. If an individual is struck under such circumstances it is best to hire a criminal defense lawyer Toronto. A lawyer can understand the situation and plead on behalf of the client to ensure fair trial.
What is Aggravated Assault?
Aggravated assaulted is defined by Gupta criminal law Toronto as a situation in which one’s actions lead to physical injury that lead to disfigurement. The disfigurement can either be temporary or permanent with the use of a weapon or instrument or without using any. Generally, these types of assault are attributed to a person when he enters into a house under ‘breaking and entering’ law and injures the owner or residents of a house. However, there are some exceptions and aggravated assault is considered in outside conditions also.
Considerations
Apart from the general considerations mentioned above there are other factors taken by the court. Any lawyer from a criminal law firm in Toronto can explain in detail about them.
- The case against an individual would be stronger if he or she has passed the age of eighteen. This also depends on the victim – if the victim is a minor then the case is stronger and vice versa. The convict’s intentions are also taken into consideration. If the assault is done without any purpose and an act to escape the situation the punishment would differ. If the assault is purposeful and done in full knowledge of the consequences then the punishment would be severe.
- Bar fights – These are most common because wine has become a part of livelihood in many regions of the country. When a person is beaten or dragged into a fight while in a bar, then the person could file a law suit against everyone involved in the fight. Sometimes, there might arise confusion and people who are not involved are also asked to come to the court sessions. In such cases, a criminal defense lawyer Toronto can save the person who is not involved in such fights.
- Driving under influence – DUI cases are different from aggravated assault, but they can be combined when the driver causes severe injuries to people or an individual. There are other cases where the court may think that the behavior comes under aggravated assault. For instance, the driver or the people in the vehicle threaten civilians with a weapon then it comes under assault even if they do not injure the civilians. Threatening under influence could also be considered based on the situation.
What can be Done?
If a person is taken into custody for aggravated assault, the first thing to do is ask for a criminal lawyer or hire one from a reputed criminal law firm in Toronto. The lawyer will ensure proper investigation and tries to find out everything that happened during the scene. This help in a fair trial and reduction of sentence if found guilty.