Assault is a criminal offence in Canada and involves intentionally using force on someone without their consent, attempting or threatening to use force, or making someone believe that force is about to be used against them. There are different types of assault charges, and the penalties depend on how serious the offence is. These can range from fines or probation to more severe consequences like jail time.
Assault
A moment of unwanted force, a push, a grab—no injury needed, just intent. Even the slightest touch without consent can turn into a criminal charge. A conviction for assault can result in a maximum sentence of 5 years in prison. Assault is the most common form of assault charge in Canada. It is a criminal offence that can occur in a variety of settings, including domestic disputes, bar fights, and other confrontations. Assault cases vary widely, from minor physical altercations like pushing to violent attacks that cause serious injury or even death. The exact number of assault charges filed in Canada each year varies, but according to Statistics Canada, there were approximately 130,000 reported incidents of assault in 2019, which represents about a third of all reported violent crimes in the country. It’s important to note that not all incidents of assault result in charges or convictions, and many cases are resolved through alternative means, such as mediation or plea bargaining.Assault with a Weapon
Assault with a weapon involves using a weapon to commit an assault. The charge carries a maximum sentence of 10 years in prison, and there may be mandatory minimum sentences in some cases. If you are facing an assault with a weapon charge, you may be held in custody until your trial, but you can apply for bail. It is crucial to have legal representation from a criminal defence lawyer experienced in assault cases to help you navigate the legal system, understand your options, and protect your rights. Depending on the circumstances of the case, there may be various defences that can be used to challenge the charge. For example, it may be possible to argue that the use of the weapon was in self-defence or that the weapon was not actually used in the commission of the assault.Aggravated Assault
Aggravated assault is a more serious form of assault that involves causing serious bodily harm or endangering someone’s life. A conviction for aggravated assault can result in a maximum sentence of 14 years in prison. In addition to imprisonment, a conviction for aggravated assault can also lead to fines, probation, and other consequences. It is essential to have legal representation from a criminal defence lawyer experienced in assault cases to help you understand the charges against you and to protect your rights. The prosecution must prove beyond a reasonable doubt that the offender intended to cause serious bodily harm or knew that the conduct would likely cause serious bodily harm. There may be various defences that can be used to challenge the charge, such as self-defence or the absence of the required intent or knowledge. Aggravated assault charges can arise in a variety of settings, including domestic violence cases, bar fights, and other confrontations, and it is essential to take them seriously and seek legal advice as soon as possible.Sexual Assault
Sexual assault is a criminal offence in Canada that involves any unwanted sexual activity without consent. The charge can encompass a wide range of behaviours, from touching to forced intercourse. Sexual assault carries a maximum sentence of life imprisonment and has significant and long-lasting consequences, including mandatory registration as a sex offender. The prosecution must prove that the victim did not consent, considering their words, actions, and the overall circumstances. A skilled defence lawyer can help you navigate the legal system, understand your options, and protect your rights. The defence may argue that the sexual activity was consensual or that the offender reasonably believed that the victim had given consent. Sexual assault charges are taken seriously in Canada, and it is essential to take them seriously and seek legal advice as soon as possible if you are facing such a charge.Assault Causing Bodily Harm
Assault causing bodily harm is a criminal offence in Canada that involves intentionally applying force or causing harm to another person resulting in bodily harm. The charge carries a maximum sentence of 10 years in prison, and a mandatory minimum sentence may apply in some cases. A conviction for assault causing bodily harm can also lead to fines, probation, and other consequences. The prosecution must prove beyond a reasonable doubt that the offender intended to apply force, or that the offender was reckless in causing bodily harm to the victim. It is important to seek legal representation from a criminal defence lawyer experienced in assault cases if you are facing such a charge. A skilled defence lawyer can help you navigate the legal system, understand your options, and protect your rights. The defence may argue that the accused did not intend to cause harm, that the harm was accidental, or that the accused was acting in self-defence. Assault-causing bodily harm charges are taken seriously in Canada, and it is crucial to take them seriously and seek legal advice as soon as possible if you are facing such a charge.Assaulting a Peace Officer
Assaulting a peace officer is a criminal offence in Canada that involves intentionally applying force or causing harm to a peace officer in the course of their duties. Peace officers include police officers, firefighters, correctional officers, and other public officials performing their duties. The charge carries a maximum sentence of 14 years in prison and is considered a serious offence in Canada. A conviction for assaulting a peace officer can lead to fines, probation, and other consequences. Due to its severity, courts often impose harsh penalties for this offence to deter similar acts. The prosecution must prove beyond a reasonable doubt that the offender intended to apply force or was reckless in causing harm to the peace officer. It is crucial to seek legal representation from a criminal defence lawyer experienced in assault cases if you are facing such a charge. A skilled defence attorney can help you navigate the legal system, understand your options, and protect your rights. The defence may argue that the accused did not intend to cause harm or that the accused was acting in self-defence.
Contact Martin G. Schulz & Associates Today
If you are facing an assault charge in Alberta, we are here to help. Whether it’s simple assault, aggravated assault, or assaulting a peace officer, our team at Martin G. Schulz & Associates has the experience to defend your rights. We will fight for the best possible outcome in your case. Call us at (780) 490-1100 in Edmonton, (403) 245-9200 in Calgary, or 1-800-253-2105 for general inquiries. You can also email us at
criminal@mgs.tv. Don’t wait—early legal representation is critical.
