Assault Causing Bodily Harm Lawyer Toronto

What Is Assault Causing Bodily Harm Under Ontario Law? 

Assault causing bodily harm is defined under the Criminal Code of Canada as an act of assault that results in significant physical injuries requiring medical attention. This charge is more severe than simple assault but less serious than aggravated assault. 

Key Elements of Assault Causing Bodily Harm 

1. Intentional Force: The accused must have intentionally applied force to another person without their consent.
2. Injury Resulting: The force must have caused injuries that interfere with the victim’s health or comfort and are more than minor or transient.
3. Negligence or Recklessness: Actions may qualify if they were reckless or demonstrated willful disregard for another person’s safety.

Examples of Assault Causing Bodily Harm 

• Punching someone and breaking their nose.
• Pushing someone, causing them to fall and suffer a concussion.
• Using an object to strike someone, resulting in significant bruising or cuts.

Your Rights in an Assault Causing Bodily Harm Case 

Whether you are a victim or facing charges, understanding your rights is crucial. As someone accused, you have the right to: 

• Presumption of Innocence: Until proven guilty beyond a reasonable doubt.
• Legal Representation: Access to an experienced lawyer to defend your case.
• Fair Trial: The right to present evidence and cross-examine witnesses.

As a victim, you have the right to: 

• Seek Justice: File charges and pursue accountability for the harm caused.
• Compensation: Pursue civil claims for medical expenses, lost wages, and pain and suffering.

Why Choose Kozyrev Law P.C. for Assault Causing Bodily Harm Cases? 

Extensive Experience in Criminal Law 

Our legal team has successfully handled numerous assault causing bodily harm cases in Toronto. We understand the legal and emotional challenges these cases present and are dedicated to achieving the best possible outcome for our clients. 

Personalized Legal Strategies 

Every case is unique. We tailor our legal strategies to your specific circumstances, whether you are a victim seeking justice or someone accused defending against charges. 

Comprehensive Investigations 

We conduct thorough investigations to gather evidence, including: 

• Police reports and witness statements.
• Medical records and injury assessments.
• Surveillance footage or other relevant evidence.

Strong Advocacy 

Whether negotiating a settlement, seeking compensation, or defending your case in court, we fight tirelessly to protect your rights and interests. 

Steps in Handling an Assault Causing Bodily Harm Case 

Step 1: Initial Consultation 

During your free consultation, we will: 

• Review the details of your case.
• Assess the strength of your position.
• Provide a clear outline of the next steps.

Step 2: Evidence Collection 

Our team will gather and analyze critical evidence to build a strong case, including: 

• Police reports and medical records.
• Witness statements and expert testimonies.
• Documentation of injuries and other physical evidence.

Step 3: Case Preparation 

We will prepare your case by: 

• Developing legal strategies tailored to your goals.
• Filing necessary documentation and ensuring deadlines are met.
• Collaborating with experts to strengthen your case.

Step 4: Negotiation or Trial 

Depending on your case, we will: 

• Negotiate settlements or plea agreements when appropriate.
• Represent you in court with a strong and persuasive argument.

Challenges in Assault Causing Bodily Harm Cases 

Proving Intent and Injury 

These cases often hinge on whether the accused intended to cause harm and whether the injuries meet the legal definition of “bodily harm.” We carefully analyze all evidence to build a compelling case. 

Witness Credibility 

The outcome may rely heavily on the credibility of witnesses. Our team scrutinizes all testimonies to identify inconsistencies or biases. 

Potential Bias 

Some cases may involve prejudices or assumptions that could impact the outcome. We work diligently to ensure a fair trial. 

Frequently Asked Questions About Assault Causing Bodily Harm 

1. What Should I Do If I Am Accused of Assault Causing Bodily Harm? 

• Remain Silent: Do not make statements to the police without consulting a lawyer.
• Seek Legal Representation: Contact an experienced lawyer immediately.
• Document Your Side: Record your account of events while the details are fresh.

2. What Penalties Could I Face If Convicted? 

Penalties for assault causing bodily harm vary but may include: 

• Fines
• Probation
• Community service
• Imprisonment (up to 10 years if prosecuted as an indictable offence)
• A criminal record

3. Can Assault Causing Bodily Harm Charges Be Dropped? 

Yes, charges may be withdrawn or dismissed under certain circumstances, such as insufficient evidence or successful negotiation with the prosecution. 

4. Can I File a Civil Lawsuit If I Am a Victim? 

Yes, victims can file a civil lawsuit to seek compensation for medical expenses, lost income, pain and suffering, and other damages. 

Protecting Your Rights in an Assault Causing Bodily Harm Case 

1. Seek Legal Advice Immediately: Contact a lawyer to ensure your rights are protected.
2. Preserve Evidence: Collect any documentation or physical evidence related to the case.
3. Avoid Contact: Refrain from communicating with the opposing party without legal counsel.
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid complications.

Contact Kozyrev Law P.C. Today 

Whether you are a victim of assault causing bodily harm or facing charges, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and achieve the best possible outcome for your case. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward justice. Contact Kozyrev Law P.C. today for a free consultation and let us guide you through this challenging time.