Understanding the Differences Between Simple Assault Vs. Aggravated Assault in BC

While there may be clear definitions in the Criminal Code defining Simple Assault and Aggravated Assault, in practice the differences are more nuanced. There are also several other types of assault, but for the purposes of this short blog article, we will concern ourselves with simple vs. aggravated assault.

Simple Assault is touching or threatening to touch someone without their consent. It is also leading someone to believe that they will be touched or hurt, even if you haven’t done anything yet. Accosting or impeding someone can also be construed as assault. Simple Assault.

An example of simple assault would be threatening someone in a bar fight. Or preventing someone from leaving the bar. Or threatening to prevent someone from leaving the bar. If you hit someone in the bar and give that person a bruise, then it becomes assault with bodily harm, but not necessarily aggravated assault.

Aggravated Assault

Aggravated Assault is when you A) commit assault and B) the assault wounds, maims, disfigures, or threatens the life of the individual.

So, in our example above, if you hit someone in a bar fight, who sustains a skull fracture and brain bleed, and is lying between life and death in an ICU somewhere, then that sounds like aggravated assault. But keep in mind that things are never black and white. If you hit that person in the head and he/she fell down and hit his/her head on a brick fireplace, then that might not be aggravated assault. Or maybe you hit someone, but a third party also delivered another punch, then you may not be responsible for all the injuries sustained.

This is why you need a good criminal lawyer, and fast. If you are involved in something like this. Hire a lawyer even before charges are laid. Hope for the best but prepare for the worst.

What is described above could happen in British Columbia, or Alberta, or anywhere in Canada, and the advice here would be the same. Hire a criminal defence lawyer.

Please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible if you have been arrested for assault. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.