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  1. #1
    Join Date
    Feb 2008
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    1

    Default Assault vs Assault Causing Bodily Harm

    What is the major difference between assualt and assualt causing bodily harm? What would a victim need in order to prove bodily harm? Also what would count as provoked.

    Here the story:
    I was dating a psycho. He bit a chunk out of his arm and ate it, tried suicide multiple times while we were together etc. We broke up, he told me he cheated on me. I cared about him and told him i didnt want to see them together blah blah. The day after he calls me to tell me he is going to a mall and I told him I happened to be going too but I wanted to avoid him.

    So on my way to pick up a friend I see him and this girl being all cutesie. I got mad but ignored it and got on the bus. So I went to the mall and realized we might just be there at the same time. So I called him to say please avoid me, I'm leaving. He follows me, provokes me with his gf in various ways and I kicked him, aiming for the balls but hit his leg. Not very hard. I was charged with assualt causing bodily harm.

    The laywer told me he would argue the bodily harm. I dont think he was hurt in any way, he showed no emotion as it happened, no facial expression, didnt hunch over in pain, nothing. I am eighteen years old and I have never been arrested or charged previous to this. Any advice? (I'm in Canada)

  2. #2

    Default Re: Questions

    This is a US based site - so any generic answer might not apply to you at all.

    Provoked doesn't count - unless you're thinking of self defense, which by your own story this wasn't.

    Your actions prior to the battery certainly don't speak of avoidance. You called him twice, knew he was going to the mall, and still you chose to go there too, where you "just happened" to run across him? Then assaulted him? Whether it's true or not, it's sure going to sound to a jury like you showed up just looking for a fight.

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