How to Avoid Jail Time When Charged With Assault in Alberta


Assault is a very serious transgression, and unfortunately, this offence is more common in Alberta than you may think. In fact, according to Statistics Canada, 2016 saw 47,797 crimes take place within the province. And while there is certainly no reason to allow events to escalate to that point, we here at Batting, Wyman understand that there are two sides to every story.

As such, our team of criminal defence lawyers in Calgary is here to help. If you’ve been charged with assault and are wondering what you should do, keep reading. This guide will inform you of the options that are available to you.

What is Assault in Alberta?

The Criminal Code of Canada is quite clear about what constitutes an assault. The following parameters are to be used as a guideline to determine if assault charges should be laid based on the actions that have transpired.

An assault is committed when an individual…

  • Intentionally applies force to another person, either directly or indirectly without the other person’s consent
  • Attempts or threatens, by either act or gesture, to apply force to another person
  • Openly wears or carries a weapon to intimidate another person

Assault Variations in Alberta

Of course, there are many different assault variations. Each carries its own set of punishments and repercussions. And depending on the type of assault you’ve engaged in, the consequence could be as minor as a few fines and fees, to severe as 10 years (or more) of imprisonment.

Some of the different types of assault in Alberta are as follows:

  • Assault causing bodily harm
  • Aggravated assault
  • Assault with a weapon
  • Aggravated sexual assault
  • Sexual assault

The severity of punishment will be based on the specific assault.

How to Handle Assault Charges in Alberta

There are many ways and methods to fight assault charges. Despite this, it would be wise of you to first contact and speak with a defence attorney who is well-versed in these matters to ensure the best possible outcome.

However, if you’re charged with an assault case – for example, aggravated assault – it is possible to fight against (and beat) the charge through various defences.
Some of these defences include:


Assault is categorized as using force against another person. This means, by definition, you cannot assault someone with their consent. So, if you’re able to prove consent was given, you will have a solid leg to stand on for your case.

Self Defence

The best way to fight assault charges is to find a way to prove that you acted out of self-defence. We all have the right to defend and protect our individual sovereignty and safety.

Lack of Intent

Proving the assault was unintended is another effective way to handle assault charges in Alberta. Accidents happen, people make mistakes, and unintentional actions can sometimes result in unfavourable outcomes.

Supplying valid proof or evidence to this claim can go a long way in ensuring your case closes successfully.

The Best Line of Defence

As you can see, there are many options available to fight assault charges. And you should surely consider all of them. However, the best line of defence by far is having a seasoned criminal defence lawyer by your side.

At Batting, Wyman, we have expert defence lawyers who can uncomplicate the choppy waters of the court system, fight against your assault charges, and put you at ease during the process.

Contact us today for a free 30-minute consultation.

Blog posts from Batting, Wyman Barristers are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please Book a free 30-minute consultation.