Assault Lawyers

Calgary Criminal Defence Lawyers

Assault Charges Lawyers in Calgary

Assault stands out as one of the most prevalent crimes in Alberta, as per data from Statistics Canada. Assault is defined in the Criminal Code as a non-consensual application of force to another. The charge of assault encompasses a wide range of actions, such as:

Intentionally applying force to another person, directly or indirectly, without their consent.

Attempts or threats made

Openly carried or wore a weapon or an object that appears to be a weapon (imitation of a weapon)

Individuals caught in such circumstances should seek legal counsel promptly to defend their actions and strive to avoid potential penalties, including a criminal record and, in some cases, imprisonment.

If you are in such a situation, it is crucial to consult with assault lawyers in Calgary, Batting, Wyman Barristers is here for you. We can help you defend your actions and avoid penalties, including a criminal record or even imprisonment.

Book a Free Consultation

The Different Type Types of Assault in Alberta

Simple assault is the most frequently encountered assault charge in Canada. It encompasses situations without weapons, and the victim does not sustain bodily harm. Examples of simple assault include fistfights or pushing incidents that may occur in a bar or similar settings.

Section 267 of the Criminal Code also covers the offence of assault with a weapon. This charge applies when an individual carries or threatens to use a weapon, including imitations of weapons, and causes bodily harm to another person. It is important to note that a weapon is not limited to firearms or knives but can encompass various objects, such as bottles or even something as seemingly harmless as a fork.

Section 268 of the Criminal Code defines aggravated assault. This offence occurs when the accused intentionally inflicts wounds, maims, disfigures, or puts the victim’s life at risk. The injuries caused by aggravated assault are typically severe and lasting. As a result, aggravated assault charges are considered the most serious of all assault charges.

Section 271 of the Criminal Code defines sexual assault. This offence occurs when there is an assault of a sexual nature that violates the victim. Sexual assault occurs when the victim does not consent to engage in the sexual act.

Sexual assault with a weapon involving using a weapon to threaten or inflict bodily harm is subject to severe penalties. This offence applies when the accused carries or utilizes a weapon to intimidate or cause physical harm to the victim. It is important to note that the person committing the sexual assault does not necessarily have to be the one in possession of the weapon to be held responsible and found guilty.

Aggravated sexual assault occurs when, during a sexual assault, the accused has caused serious bodily harm, disfigurement, endangerment of life, or permanent injury to the victim. Additional elements of severe physical harm or potential danger to the victim beyond the act of sexual assault itself characterize it.

The Canadian criminal justice system places significant importance on offences committed against public officials. Consequently, assaults against police officers are treated with utmost severity and subject to severe punishment. An assault against a police officer can occur in the following situations:

  1. Intentionally applying force toward a police officer
  2. Assaulting a police officer while resisting arrest
  3. Assaulting a police officer while they are lawfully conducting a search or seizure.

Investigation of Assault charges

After the police interview the complainant, several possible actions may take place. If there are any visible physical injuries, the police may take photographs of them. The officer may request the complainant to review and sign a written statement, or they may ask the complainant to come to the police station to provide an audiotaped or videotaped statement.

It is important to note that while the complainant may have initially contacted the police, they are not legally obligated to continue participating in the police investigation.

Lawyer Hammer justice

Bail Conditions for Assault & Threat Offences

If you are released while your charge is pending in court, you can anticipate the imposition of certain conditions, which may include:

  • No communication with the alleged victim: This condition prohibits any form of contact, such as calling, texting, emailing, meeting, or relaying messages through intermediaries.
  • “No-go” condition: You may be restricted from going near the alleged victim’s residence or workplace.
  • No consumption of drugs or alcohol: If the police or the judge have reasons to believe that you were under the influence of intoxicating substances at the time of the alleged offence, you may be required to abstain from using drugs or alcohol.No possession of weapons: You will be prohibited from possessing any weapons during this period.
  • No possession of weapons: You will be prohibited from possessing any weapons during this period.

These conditions aim to maintain a safe and secure environment while your case progresses through the legal system.

If you need assistance, we are available 24/7

Assault Lawyers in Calgary That Can Help You in Your Defence

While every case is different, the goal remains the same: ensuring the best possible result for our clients.

If you are confronted with charges related to assault, threats, or extortion, we encourage you to contact our experienced criminal law team in Calgary. We possess the expertise and unwavering commitment to advocate for your rights and pursue the most favourable outcome on your behalf.

Batting, Wyman Barristers provides experienced legal defence counsel in Calgary and surrounding areas, including Airdrie, Cochrane, Okotoks, Didsbury, Turner Valley, Strathmore and Canmore.

Call us at 403-263-4949 or book your free 30-minute consultation today.

Book a Free Consultation

Frequently Asked Questions

To potentially have your assault charges dropped, consider these options:

  • Diversion Programs – For first- or second-time offenders, completing a diversion program with counselling or community service could result in charges being withdrawn.
  • Peace Bonds – Negotiating a peace bond through your lawyer, agreeing to specific conditions like avoiding the victim and maintaining good behaviour for a year, can lead to charges being withdrawn.
  • Proactive Measures – Engaging in anger management or community service can show commitment to rehabilitation, especially for serious charges like assault with a weapon.
  • Discharges – If ineligible for diversion, a guilty plea might lead to a discharge. An absolute discharge avoids a criminal record, while a conditional discharge involves meeting court-set terms.
  • Other Sentencing Options – For more severe cases, such as aggravated assault, negotiate less harsh sentences like fines or intermittent imprisonment.

Consult with a specialized assault lawyer like Batting, Wyman Barristers in Calgary to explore all strategies for addressing your assault charges effectively.

Alternative measures are designed to promote accountability, helping offenders acknowledge the harm they caused while also prioritizing public safety. These measures aim to prevent future offences, express societal disapproval, support rehabilitation, and facilitate restitution to victims and the community.

Ideal candidates for alternative measures include:

  • Offenders without prior records
  • Offenders who have committed minor offences
  • Offenders deemed unlikely to re-offend

The consequences for assault charges vary depending on the specifics of the charge and can include:

  • Up to five years of imprisonment for indictable offences.
  • Up to two years of imprisonment and/or a $5,000 fine for summary conviction offences.

Summary convictions, which are considered less severe offences, are resolved without a jury or indictment and are subject to less stringent sentencing guidelines.

If you are confronted with charges related to assault, we encourage you to contact our experienced criminal lawyers in Calgary. We possess the expertise and unwavering commitment to advocate for your rights and pursue the most favourable outcome on your behalf.