In Canada, the terms “assault” and “battery” are used quite often but not always with their actual meaning. This can lead to confusion when these terms are used, as people can have different interpretations of their meanings and implications.
Knowing these terms is crucial to understanding how you can navigate the legal waters you may face. Here we’ll give you all the information you need, allowing you to move ahead with a much clearer mind.
The Difference Between Assault and Battery
In truth, neither assault nor battery are exact crimes in Canadian criminal law. However, while assault is used as an umbrella term for various types of assault, battery is not defined at all. Battery is simply a word people associate with assault.
Assault – A general term for a collection of various assault crimes of different severity
Battery – A non-defined term used by some to describe an assault
Therefore, you can be charged with a type of assault, but you can’t be charged with a type of battery. Exactly what people mean by battery can vary. Some believe it to be simple assault, whereas others will believe it to be assault which causes bodily harm.
You may be asking this question as you or someone you know is facing a potential assault charge. With this in mind, we’re going to define exactly what assault is, and look at the main types of assault someone can be charged with.
Defining Assault in Canadian Law
The definition of assault falls under Section 265 of the Criminal Code. There are three ways you can commit an assault:
Applies Force Intentionally – You commit an assault if, without consent, you apply force intentionally to another person.
Attempts or Threats to Apply Force – You can also commit assault if, through an act or gesture, cause the other person to believe that a threat of violence will be carried out.
Accosts or Impedes – Finally, if carrying a weapon (or an imitation) you accost or impede another person.
Key Elements of Assault
For an assault to be committed, it has to pass three different elements. Without these, an assault can’t have been committed, or it will fall into another type of crime.
Intent – The perpetrator must have the intention to apply force or cause the victim to fear that force may be applied.
Lack of Consent – The victim must have not consented to force being used as is commonly seen in sports, for example. Consent through fraud or coercion is not valid.
Reasonable Perception – For cases with no contact, the victim’s belief of the threat must be what a reasonable person would perceive as threatening.
Types of Assault
There are several different types of assault but there are three main types that people need to be aware of, as they can often be confused with different crimes or terms.
Simple Assault – This is the most basic type of assault and one which comes with the lightest punishment. Here minor physical force has been used, or threats without actual physical harm.
Assault Causing Bodily Harm – This is what most people think of with the term “battery”. Here an assault has been carried out that interferes with the victim’s health or comfort. An injury is usually caused which is significant, but not life-threatening or life-altering.
Aggravated Assault – This is the most severe type of assault before more serious charges, such as attempted murder. Here, an assault has been caused that has wounded, maimed or disfigured the victim.
There are other types of assault, which are fairly explanatory and can be aggravating factors to the types of assault above, these are:
- Assault with a Weapon
- Assault on a Peace Officer (Police)
- Assault with resisting Arrest
- Sexual Assault
Related Article: https://www.agpllp.ca/what-is-aggravated-assault/
Why Is the Term Battery Used?
If the term “battery” has no relevance in Canadian criminal law, you may be wondering why it’s even used at all. There are a few reasons for this. The first is that the term is used in Canadian civil tort law. This is where someone looks for financial compensation for actual physical contact.
Added to this, Canadian law is heavily influenced by UK law. While battery may not be a crime in Canada, it is in the UK. Due to this, the term has carried over to mean unlawful physical contact against someone else.
The final reason is a cultural one. The term “battery” is a crime in the USA and is therefore commonly said in US TV and film. When you add this to the historical context, it’s easy to see why many assume that battery is a criminal offence in Canada.
Final Thoughts
If you’ve heard the term “battery” in relation to a criminal case, then it is generally assumed to mean a type of assault. It may be used in everyday language, but there is no definition of it under Canadian law. Assault, on the other hand, is a general term used for a group of assault crimes.
If you or someone you know is in trouble for assault, then it’s important to get experienced legal guidance. Here at AGP LLP, we can guide you through all aspects of a case and advocate on your behalf before, during, and after a trial. Contact us today and we’ll be more than happy to offer a free consultation.
