Our society was built around the foundations of a legal system, which is widespread throughout. There are several ways in which the law can be broken, resulting in several various penalties. Of course, the penalties of breaking the law by committing a crime can vary from action to action. Take, for example, the action of beating someone up. Although it is not always encouraged, assault can still happen in several circumstances.
Assaulting someone in society through physical action is condemned by society and rendered a crime by the law. While this is demonstrated in various ways, it is still vital to first understand what assault is. To put it simply, assault can be regarded as a consenting use of physical force applied to another person for purposes of harm.
Beating someone up can occur in multiple circumstances. Therefore, variations of the crime are present. Battery is a form of assault that can also be charged to a person if the factors involving it are correct. Regardless of its form, individuals must know what constitutes the charge!
The repercussions of assault vary depending on the aggravator’s situation. Let’s learn about what is the penalty before someone help:
Legal help
Before we proceed with the guide, you are highly advised to get expert advice on proceeding with an assault case. Beating someone up will result in several factors playing out within the legal system. Thus, you should speak to a legal professional if you have any questions that need answering on your end.
If the penalties are worrying you, the conditions of the situation could still work out in your favour. Do not be afraid to reach out to a criminal lawyer to find the right answers!
Consent
As with many physical charges, some key factors must be present. When it comes to applying assault to another person, the crime must contain the factor above consent. This happens when there is an intentional application of physical force to another person.
Moreover, this means that you cannot be charged with assault if the application of force was accidental. However, that does not mean a charge cannot be laid if the circumstances are present. Avoid the penalties in totality by simply not beating someone up!
Proving the charge
Depending on where you are located in the world, proving an assault charge can range from system to system. In Canada, for instance, every province and territory may have similar proceedings. Ontario has a system where the Crown has to prove two factors beyond a reasonable doubt.
The first factor resides over whether or not the alleged assault took place. The second has to do with the consenting factor, or if the assault was something intentional or not. Once these two factors have been proven, a penalty will be formed out of the proceedings. Sometimes, they could be minor if the case is not as serious.
Aggravated Assault
On the flip side, there could be a maximized penalty placed on the individual if the assault was major. Typically known as aggravated assault, this criminal act involves a serious amount of harm done to a victim. Those found guilty of the crime can expect to be handed out extensive penalties.
Spending over a decade in jail with no chance of parole until certain conditions are met is one penalty to expect. If the aggravated assault had a weapon involved, these penalties would be exacerbated further. Of course, the charge can vary depending on what circumstances took place.
Self-Defence
To combat the penalties outlined by an assault charge, you could use several defences. This can come in self-defence, which is crucial to use when trying to get the charges dropped. Self-defence is pretty easy to grasp, which denotes using whatever force necessary to protect yourself.
Of course, the court will have to examine the evidence in the situation to see if this defence can be used. As long as certain conditions are met, you may be able to reduce the penalties you face. In better circumstances, you could even get your charges dropped!
Self-Defence Criteria
Although it can be pretty easy to use in legal proceedings, self-defence still requires specific criteria to be met. A judge will look at various areas, such as the bodily capabilities of both individuals in the conflict.
In addition, any prior relationship between both parties will be reviewed to see if it influenced the assault. If the judge rules in your favour, you may get lesser sentencing for beating somebody up.
