Aggravated Assault
Criminal Code — Section 268
Definition
Aggravated assault is the most serious form of assault in Canada. It occurs when a person wounds, maims, disfigures, or endangers the life of the victim. This charge applies when the assault results in severe injuries such as permanent scarring, loss of a limb, broken bones with lasting damage, or injuries that could have caused death.
Penalties
Classification
Indictable offence only.
Maximum Penalty
Maximum 14 years imprisonment. Minimum 4 years if a restricted or prohibited firearm is used.
Examples
What Do "Wound," "Maim," and "Disfigure" Mean?
- Wound: Breaking the skin — typically cuts deep enough to bleed significantly, stab wounds, or gunshot wounds.
- Maim: Disabling a part of the body so the victim can no longer use it effectively. Examples include breaking a hand so severely it cannot grip, or damaging an eye so the victim loses vision.
- Disfigure: Altering the victim's appearance in a lasting way, such as permanent scarring, burns, or loss of teeth.
- Endanger life: Any injury that creates a genuine risk of death, even if the victim ultimately survives. Internal bleeding, head trauma, or deep stab wounds can all qualify.
How Common Is This in Canada?
Aggravated assault is relatively uncommon compared to the lower assault levels. Statistics Canada reports approximately 3,200 to 3,800 incidents of aggravated assault per year, with a rate of roughly 8 to 10 per 100,000 population.
While rare relative to Level 1 and Level 2, aggravated assault has seen an upward trend since 2015, largely driven by increases in knife-related assaults and gang violence. The territories and Prairie provinces consistently report the highest per-capita rates. Aggravated assault accounts for roughly 2% of all violent crime but represents some of the most devastating injuries seen by the justice system.
Frequently Asked Questions
What is the difference between Level 2 and Level 3 assault?
Level 2 involves a weapon or bodily harm. Level 3 (aggravated) requires that the victim was wounded, maimed, disfigured, or had their life endangered. Level 3 is reserved for the most serious injuries — it is always an indictable offence with no summary option.
Is aggravated assault the same as attempted murder?
No. Attempted murder (s. 239) requires proof that the accused intended to kill the victim. Aggravated assault only requires intent to apply force that results in serious injury — the accused does not need to have intended to kill. However, the same facts can support either charge depending on the evidence of intent.
Can a single punch result in an aggravated assault charge?
Yes, if the single punch causes serious enough injury. Cases where one punch causes a person to fall and suffer a skull fracture or brain injury have been charged as aggravated assault. The severity of the injury, not the nature of the force, determines the charge level.
What is the mandatory minimum for aggravated assault?
There is no general mandatory minimum for aggravated assault. However, if a restricted or prohibited firearm is used, or if the offence was committed for a criminal organization, the mandatory minimum is 4 years for a first offence and 7 years for a subsequent offence.
Can aggravated assault charges be reduced?
Yes. Through plea negotiations, aggravated assault may be reduced to Level 2 assault or even Level 1, depending on the evidence and circumstances. Defence counsel often negotiate lesser charges in exchange for a guilty plea.
Can I travel to the US with an aggravated assault conviction?
An aggravated assault conviction will almost certainly make you inadmissible to the United States, as US CBP considers it a serious crime of violence. You would need to apply for a US Entry Waiver (I-192), which requires demonstrating rehabilitation and can take many months to process. A Canadian record suspension (pardon) may also help, though US border agents retain discretion to deny entry regardless.
How do I find a lawyer for an aggravated assault charge?
Aggravated assault is a serious indictable offence, and Legal Aid will typically provide coverage given the severity of the charge and the potential for lengthy imprisonment. Contact your provincial Legal Aid office immediately or request duty counsel at your first court appearance. For private counsel, your provincial Law Society's referral service can connect you with experienced criminal defence lawyers who handle serious violent offence cases.
Related Offences
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