The terms “Assault” and “Battery” are quite commonly used in Canada but their distinct nuances carry different implications in the legal practice. Knowing these terms can aid you in safeguarding yourself and others.

Assault Vs. Battery

Hitting someone with a rod resulting in physical injuries or throwing a glass of drink on someone and that person suffers multiple injuries – It’s a Battery
Threating someone coupled with a gesture to hit them, without any bodily injury or physical contact or Threatening someone with a knife but no contact is made –– it’s an Assault

What Is Assault?

The cornerstone of assault law in Canada is section 265(1) of the Criminal Code of Canada which specifies that a person is said to have committed assault if:

Applying force intentionally – without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
Attempting or threatening force – he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
Carrying or displaying weapons – while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

What Is Battery?

While battery is not explicitly given any legal definition in Canada but is distinct from assault. Battery is defined as an act of applying force or threat on a person without their consent and as a result the person suffers injuries or bodily harm.

The actual point of distinction between assault and battery is the sustenance of injuries. So, practically battery is also a kind of assault with physical contact and can be rightly considered an “assault resulting in bodily harm”.

Categories Of Assault

Under the Criminal Canadian Code, there are different level of assaults defined. These include:

Simple Assault (Section 266) – the base offence, typically with no physical injuries.
Assault involving Weapon (Section 267) – Involving the use or threatened use of a weapon.
Assault Causing Bodily Harm or Battery (Section 267) – Involving injuries and other bodily harm. Choking and strangling is specifically listed.
Aggravated Assault (Section 268) – Involves wounding, maiming, or endangering the life of the victim.

Whether it’s a tangible force of a physical blow or threat or gestures of imminent harm, the law recognizes both and provides protection. Proving of intent, consent, and self-defense claims are critical aspects of an assault case with other complexities till the announcement of final sentencing.

Contact The Lawyers At Ayaz Mehdi Professional Corporation!

By understanding nuances of assault and battery, you can ensure your own safety and protect others from potential harm. For legal assistance on any criminal law matter, get in touch with our team to help you with your rights and options.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!