This article attempts to distinguish between the two charges and illustrate what constitutes an “aggravated assault”. This is intended as information only and not legal advice. To receive legal advice, you will need to contact an experienced criminal lawyer and discuss the particulars of your matter.
Defining Assault: The Criminal Code of Canada defines an assault (s. 265(1)) as follows:
A person commits an “assault” when
- Without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- He attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
This definition applies to all forms of assault. This includes sexual assault, assault with a weapon and aggravated assault read more here
