A person commits assault if he or she has triggered physical damage to another person. Some instances that may constitute a crime include shooting or stabbing another individual, depriving someone of liberty such as kidnapping, trespassing against private property, and illegal taking of someone’s property using excessive force.
When an individual is charged with an assault, he may be criminally liable under the Crimes Act and may face certain penalties based on the decision of the court. To prove that the accused has committed an assault, the court shall establish that the latter has caused physical harm to another person without justifiable reasons. It should be noted that the physical attack should have inflicted bodily injuries enough to cause the aggrieved party to get hurt and become fearful.
When a male person uses superior strength to take advantage on a female individual and intimately abuse her, he may be liable for sexual assault. It is not impossible for the perpetrator to be held liable under the Crimes Act. The prevailing principle why an assault is punishable under the law is that assault entails violence.
If both parties have consented to have a fight before the assault, the person who gives a killing blow cannot be charged with assault. It is essential to point that for an action to be considered as an assault, it should be given without the consent and knowledge of the other party.
The penalties for an assault may differ based on the factors involved in the event. Accused parties who are fortunately granted with Section 10 are free from criminal charges. In effect, they do not have any criminal records but are only required to observe a good bond with the court for at least two years. Some penalties may include payment of fines which may be adjusted according to the income of the convict, suspension, periodic detention, intensive correction, or imprisonment.hearing.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.