Assault Lawyers
in Edmonton

More than most people expect. Under the Criminal Code, assault doesn't require anyone to be injured—intentionally applying force to another person without their consent, or even threatening to and making them fear it, can be enough. A shove, a raised fist, or a threat during a heated argument can all lead to a charge. Because the definition is so broad, the details of what actually happened matter enormously to your defence.

They're separated by the seriousness of the harm. Common assault (s. 266) covers force or threats with little or no injury. Assault causing bodily harm (s. 267) applies when the injury is more than minor or fleeting. Aggravated assault (s. 268) is the most serious—wounding, maiming, disfiguring, or endangering someone's life. The charge you face largely drives the penalties, which is why getting a charge reduced is often a central defence goal.

They vary widely. Common assault and assault causing bodily harm are "hybrid" offences, meaning the Crown can proceed the less serious (summary) way or the more serious (indictable) way—an indictable common assault carries up to five years, and assault causing bodily harm up to ten. Aggravated assault is indictable and carries up to fourteen years. But maximum sentences are rarely the outcome, especially for a first offence—many cases resolve well short of jail, sometimes with no criminal record at all.

Not automatically. In Canada, it's the Crown, not the complainant, who decides whether a charge goes ahead, so a case doesn't simply end because the other person has changed their mind. That said, charges can still be withdrawn or resolved where the evidence is weak, a defence like self-defence applies, or an early resolution is negotiated. The sooner a lawyer reviews your disclosure, the more options there usually are.

It can be. The law recognizes your right to protect yourself or others from a real or threatened attack, as long as your response was reasonable in the circumstances. Self-defence, defence of others, and—in some situations—consent are all recognized defences, but whether one applies turns on the specific facts, which is why an early, detailed review of your case matters.

We strongly recommend speaking with a lawyer first. You have the right to remain silent, and statements given under stress often do more harm than good. Politely decline to give a statement, ask to speak to a criminal defence lawyer, and avoid any contact with the complainant—breaching a no-contact condition creates a brand-new charge on its own. Then call us for a free, no-obligation consultation.