Aggravated assault is defined under Section 268 of the Criminal Code of Canada as an assault that wounds, maims, disfigures, or endangers the life of another person. This is the most serious level of assault that does not result in death but causes lasting physical harm.

Examples of aggravated assault may include:

• Causing permanent injury or scarring

• Inflicting serious internal injuries or broken bones

• Using a weapon that results in life-threatening harm

• Attacking someone in a way that endangers their life, even if they survive

This is always prosecuted as an indictable offence, and the Crown typically seeks lengthy prison sentences.

While both offences involve non-consensual force, the key difference lies in the extent of harm caused:

• Simple assault involves minor force or threats

• Assault causing bodily harm involves temporary injuries (bruises, cuts, minor fractures)

• Aggravated assault involves serious and lasting harm or danger to life

Even if you didn't intend to cause severe injury, if your actions had that result, you can still be charged with aggravated assault.

Aggravated assault is a very serious charge and comes with heavy consequences, including:

• Up to 14 years in prison upon conviction

• Permanent criminal record

• Significant impact on employment, travel, and family law matters

• Mandatory DNA orders and potential weapons bans

If a weapon was used or the offence occurred during a domestic incident or while under a court order (e.g., probation or bail), the consequences can be even more severe.

Each case is unique, and even a very serious charge may have strong defences. Common strategies include:

• Self-defence – You were protecting yourself or someone else from harm

• Lack of intent – You didn’t intend to cause serious harm or use disproportionate force

• Mistaken identity – The accused was not the person who committed the assault

• Charter violations – Your rights were infringed upon during arrest or investigation

At Bigioni Law, we conduct a meticulous review of evidence, including witness statements, medical records, and video footage, to identify flaws in the Crown’s case and build the strongest defence possible.

Aggravated assault cases often involve medical reports, expert testimony, and emotional witness accounts. The Crown will argue that your actions caused long-term harm—and will often seek a prison sentence even for first-time offenders.

You need a defence lawyer who can:

• Challenge the extent and cause of the injuries

• Investigate whether the use of force was justified

• Negotiate with the Crown to secure a withdrawal of the charge or reduce the charge to a lesser offence

• Represent you effectively at trial if necessary

Bigioni Law has the courtroom experience, legal insight, and strategic thinking to handle these high-stakes cases.

A charge of aggravated assault can turn your life upside down—but it doesn’t have to end your future. At Bigioni Law, we understand the gravity of the situation and are ready to fight for the best possible outcome on your behalf.

Here’s what you can expect from us:

• A confidential, pressure-free consultation

• Clear guidance on what your options are—and what’s at stake

• A personalized defence plan backed by experience and results

• Fearless advocacy to protect your rights, freedom, and reputation

The sooner you get legal representation, the better your chances. Contact Bigioni Law now to get started.