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Assault Charges for Beating Up Sister's Boyfriend

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  • 06-25-2005, 05:37 PM
    Fxtreme
    Assault Charges for Beating Up Sister's Boyfriend
    I'm sorry but I cannot find any place for Canadian Legal advice. I'm in British Columbia, Canada.

    I have a friend who was charged with Aggravated assault. The whole story is.. he has a younger sister who is 13 who is going out with a 17 year old. This 17 year old is one of his friends and not exactly the best person for a young girl to date. The guy kept it a secret for a long time but finally the older brother found out (he's 17 as well). He met his sisters boyfriend somewhere to talk about it but then the guy made some comment about using his sister or something really bad and offensive. My friend punched him in the face and he broke something. He was charged with aggravated assault.
    What kind of punishment is he looking at?
    He's a pretty decent guy and has NEVER done anything like this.

    Thanks,
  • 06-25-2005, 07:30 PM
    aaron
    Battery Charges
    Is he charged as a juvenile?

    For Adults, the Criminal Code of Canada has the following provision:
    Quote:

    Quoting Aggravated Assault - Criminal Code Section 268
    Aggravated assault

    268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

    (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

    (3) For greater certainty, in this section, "wounds" or "maims" includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

    (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

    (b) the person is at least eighteen years of age and there is no resulting bodily harm.

    (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • 06-25-2005, 07:51 PM
    Fxtreme
    He's a juvenile. Would he face prison that way? Or is it reduced or?

    Thanks!
  • 06-25-2005, 08:35 PM
    aaron
    Juvenile Offense In BC
    If he is charged as a juvenile, he would ordinarily be limited in the penalty he could receive. If he is waived to adult court, he would face the adult penalty. I don't know the specifics of what is likely to happen under Canada's Young Offenders Act.
  • 06-25-2005, 08:47 PM
    Fxtreme
    Aaron,
    Thanks for all your help. Could you direct me to someone or somewhere that I may be able to research this a bit better?

    Thanks again!
  • 06-26-2005, 08:47 AM
    aaron
    British Columbia Legal Problem
    Given the serious nature of the charge, the most appropriate thing would be for your friend to consult a criminal defense lawyer in BC.
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