In every country, laws surrounding violent crimes differ, but most places make the distinction between violent and non-violent crimes. Examples of non-violent crimes include property damage, speeding tickets, and prostitution. A violent crime entails harm or the threat of harm to another person. According to Canada’s criminal code, acts that constitute violent crimes are as follows:
Homicide and attempted murder. When a victim is killed by another person, a violent crime has been committed. Attempted murder occurs when a killing is unsuccessful but was intended and planned by the accused. Premeditated homicide typically carries the longest sentence. Distinctions are made between first-degree and second-degree murder: homicide (first-degree) results in the planned and intentional death of a victim, whereas manslaughter (second-degree) is not premeditated and can be involuntary (such as in a car accident). Infanticide occurs when a mother causes the death of her newborn child either intentionally or through neglect; this act carries a prison sentence of up to five years. There are some that oppose the classification of infanticide because it discriminates against the accused person based on their sex.
Physical and sexual assault. A violent crime in this category involves physical or emotional harm to the victim. Assaultive behaviour is also considered a violent crime; this includes making threats. An assault charge can result even when no physical contact is made, such as the sex crime of indecent exposure. Rape charges are made when a victim is forced into a sexual act without their consent, and is called statutory rape if they are younger than the age of consent. Physical aggravated assault charges like kidnapping, domestic violence, or battery are considered felonies. When the use of a weapon is involved in the crime, the penalty typically increases.
Robbery. Forcibly stealing items of value from another person is classified as robbery. In 2018, there were 2663 robberies in Manitoba. While robbery is a form of theft, there is a difference between the two. Theft is distinct from robbery because it does not always involve violence. In the case of robbery, there is a clear intent of violence toward those who resist the act of being stolen from. The accused person may use violence or the threat of violence to obtain the item(s) from the victim, including the use of a firearm. They may instill fear of death or bodily harm in the victim to take the object(s), either by using verbal threats or intimidating them with a weapon. A robbery may take place at an individual’s residence or at an institution, like a bank.
The legal ramifications of an assault charge are incredibly serious, ranging from jail time to a life sentence; the penalty will vary depending on the level of harm that the victim endured. Having legal representation is imperative in these matters due to the severity of the punishments that can result. If you are accused of a violent crime, you’ll need Winnipeg criminal defence lawyers. At Brodsky Amy & Gould, you’ll meet with an attorney who can prepare a strong case for you. Contact us today for legal assistance from experienced and dedicated criminal lawyers.