Assault causing bodily harm

hdprof · #1 10-10-2005, 10:38 PM

Hello, I'm 18 years of age and have been charged with assault causing bodily harm in Toronto. I was previously threatened by the victim, and later two friends and I assaulted the person causing him to be injured (he is in perfect health now). At the time he went home, but the next day at school the administration had him go to the hospital for a check up. I was then taken under custody and charged with assault causing bodily harm. My court date is on October 25th, and I was hoping that someone would be able to give me any advice as to what to possibly expect as my sentence. I was the only one charged with assault, and the victim was the first to hit me. I have already plead guilty for assault. Thank you for your time.

aaron · #2 10-10-2005, 11:28 PM

Do you have any prior criminal record?

hdprof · #3 10-11-2005, 12:26 AM

Nope, I have no prior criminal record or anything. The officers that took me under custody were actually quite helpful, and the detective that questioned me told me that if I plead guilty I would likely be a lot more satisfied with my sentence. The problem though is that two of my friends were involved also, so it was a three versus one. But the police were told by both the victim and I that we thought it was a one on one, but my friend jumped in as soon as the victim shoved me. Also, after we beat him for a minute or so, we left him be. He then got up and tried to attack me again, so we beat him again. He would have had far less injuries if had restrained himself from confronting me again. Also I was wondering that, if convicted, would I still be allowed to attend an Ontario university this following year? I appreciate how quickly you responded Aaron, thank you.

aaron · #4 10-11-2005, 06:47 AM

The Canadian Criminal Code provides:

Quoting Criminal Code of Canada Section 267.

Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

If that's the charge you plead guilty to committing, that seems like a pretty serious charge. Here in the U.S., though, it has been my experience that probation is still the most likely sentence for a first-time offender facing a similar charge under similar circumstances, particularly where the victim's injuries are relatively minor and he makes a full recovery.

hdprof · #5 10-11-2005, 11:46 AM

I still do not understand one thing about it though. You said that was the Criminal Code part 267, but on the sheet given to me by the detective, it is said that I have been charged with Assault 266 acording to the criminal code. What exactly does this mean?

aaron · #6 10-11-2005, 12:25 PM

Section 266 provides,

Quoting Criminal Code of Canada Section 266

Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

You described the charge as being under Section 267, which covers assault causing bodily harm. If you are not sure what you were charged with, or what plea you entered, you should contact a lawyer and discuss your situation.

hdprof · #7 10-11-2005, 07:22 PM

Thank you, I'll be sure to do that as soon as possible. Another question though, is it still possible for me to attend an Ontario university with a criminal record?

Mr. Knowitall · #8 10-11-2005, 09:35 PM

It should be - your college can confirm its policies; just be careful to choose a field of study where the conviction won't cause you problems down the road.

hdprof · #9 10-11-2005, 11:03 PM

Thank you. How exactly do the court proceedings work? Do I receive my sentence on my first day at court? Or will I have to make multiple appearences?

powassan · #10 10-18-2006, 09:05 AM

Not a chance, if only it was that easy, u will be in that court room 2-5 more times from your first apperance. it can take awhile to properly do a through investigation esspecialy with assault charges, so dont hold ya breathe.
I was in a fight at my high school, I was walkin down the hall when buddy pushes me out of no where, so i went at em an he caught me in the face. I snapped an properly served him id say 15-20 shots 2 his one, he was bruised a lil bit an his nose was bleeding. He walked away crying an i walked into an assault causing bodily harm charge. The arresting officer messed with statements an tryed 2 power trip on me because "he was beat up constantly by bullies when he was young" up north cops are redicilous.
Could that be concidered ACBH? he hit me first an I didnt hurt him that bad.

Darren james
Powassan, ON
Canada