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.

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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.

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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.

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Frequently Asked Questions

  • Section 267 of the Criminal Code makes it an offence to assault another individual with a weapon or imitation thereof. In fact, there need not be any type of physical contact for the offence to be made out, as threatening the use of a weapon is sufficient. An example of this would be pointing a firearm at someone. While a firearm or knife will fit within the ambit, a wide array of objects have been found to constitute a weapon. A “weapon” under the Code means any thing used in causing injury or death to a person, or for the purpose of threatening or intimidating any person.
  • The Criminal Code provisions relating to self defence are always a live issue in any type of assault allegation. Should the elements of an assault be proven, the Court next must give consideration to whether the assault was legally justified. Before considered, the judge has to be satisfied that there is an “air of reality” to the defence. This requires the judge to analyze whether there is evidence upon which a properly instructed jury acting reasonably could acquit. Once this low finding has been reached, the onus then falls to the Crown to prove beyond a reasonable doubt that the accused did not act in self defence. In considering whether this is proven, the court will examine the relationship between the parties, their physical statures, the immanency of the threat as well as the proportionality of the response.
  • In certain cases, assault charges are eligible to be diverted from the court system by way of the Alternative Measures Program. This program is typically eligible for individuals with little to no criminal record who have been charged with a relatively low-end offence. The program requires approval from Crown Counsel. In the event that a client is eligible, their matters are adjourned 4 months so that the accused can meet with a probation officer. At this meeting, an Alternative Measures Agreement will be signed by the client. The agreement will set forth the requirements that have been put in place by probation. These may include a charitable donation, community service hours or even a written apology. Once these conditions have been satisfied, the matter returns to court where the charges are then withdrawn.
  • As is the case with all criminal offences, the penalty will depend upon the circumstances of the offence as well as the background of the offender. In considering the offence, the court will look at the whether the assault was spontaneous or planned, whether it was racially motivated, and whether injuries resulted. In considering the offender, the court will look at the criminal history (or lack thereof) as well as their personal background. For such matters, our office will routinely file character references that speak to the client’s prior good character. We will often routinely have client’s participate in anger management counselling for such files as it is important to demonstrate to the Crown as well as the Court that the client has taken the charges seriously and sought to learn from them. It is unusual for an accused with no record to receive a jail sentence for an assault charge all sentencing options short of incarceration must be considered by the presiding judge. That said, consideration of a custodial sentence is certainly in play should the assault result in significant injuries to the complainant.