Assault Offences
From common assault to aggravated charges, our Calgary criminal defence lawyers have handled thousands of assault cases. The strength of your defence depends on how fast you act.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Assault is one of the most common criminal charges in Calgary, and also one of the most misunderstood. People assume a first offence will sort itself out, that the complainant can simply drop the charges, or that a guilty plea to a minor assault is no big deal. None of that is accurate.
Our office has handled thousands of assault cases across Alberta. The gravity of what you are facing depends on the specific circumstances, but in every case the answer is the same: retain counsel immediately and do not speak to anyone about the incident until you do.
Call (587) 355-8889 for a free consultation. We are available 24 hours a day.
What Counts as Assault Under the Criminal Code
Assault in Canadian law is broader than most people realize. It is not limited to a punch or a physical altercation. The Criminal Code defines assault as any intentional application of force to another person without their consent, including the threat of force through an act or gesture.
Cocking a fist at someone. Raising a weapon. Blocking someone's path in a threatening way. Each of these can constitute assault if the other person reasonably believed the threat could be carried out. Words alone, without an accompanying gesture, do not constitute assault. But the line is closer than most people think.
For a conviction on common assault, the Crown must prove beyond a reasonable doubt that:
The accused applied force directly or indirectly to the complainant, and the accused intended to apply that force, and the complainant did not consent.
The Spectrum of Assault Charges in Alberta
Not all assault charges carry the same consequences. The charge you face and the sentence you are exposed to depends on how the Crown has categorized the alleged conduct.
Common or Simple Assault
The least serious form. Involves unwanted physical contact that does not cause bodily harm. Carries a maximum of five years on indictment. In first-offence situations with no injuries, alternatives to a criminal conviction may be available without going to trial.
Assault Causing Bodily Harm
Where the alleged victim sustained injury that is more than minor or transient. The maximum sentence is ten years on indictment. Credibility of witnesses and the nature and extent of the injuries are typically the central battlegrounds.
Assault with a Weapon
Where a weapon, imitation weapon, or any object used as a weapon is alleged to have been involved. Maximum ten years. The definition of weapon is broad and has been applied to everyday objects in the hands of prosecutors who want to elevate the charge.
Aggravated Assault
The most serious non-sexual assault charge. Applies where the complainant was wounded, maimed, disfigured, or had their life endangered. Maximum fourteen years. Some aggravated assault scenarios carry more severe sentencing ranges than manslaughter. These cases are fought hard from the first day.
Assault of a Peace Officer
Assaulting a police officer or other peace officer in the execution of their duties is treated as a distinct and more serious category. The Crown prosecutes these aggressively and bail conditions are typically more restrictive.
Choking and Unlawful Confinement
Choking, strangulation, or suffocation in the context of an assault is specifically addressed by the Criminal Code and carries its own serious consequences separate from the underlying assault charge.
What Most People Get Wrong About Assault Charges
The complainant cannot simply drop the charges.
Once police are involved, the decision to proceed belongs to the Crown prosecutor, not the alleged victim. A complainant who wants to reconsider can still be compelled to testify as a Crown witness. This is one of the most common misconceptions we hear from new clients and it has led many people to wait too long to retain counsel.
A guilty plea to a minor assault is not harmless.
A criminal record for assault affects employment, travel to the United States, professional licensing, and family court proceedings involving children. In some circumstances a first offence can be resolved without a criminal conviction. That option closes once you have pleaded guilty.
What you say immediately after the incident matters.
Statements made to police before you have spoken to a lawyer are consistently among the Crown's most useful evidence at trial. Exercise your right to remain silent. Write down your version of events as soon as possible. Do not discuss the incident on social media.
What the Alternative Measures Program Can Do For You
If you are charged with simple assault, there are no injuries to the alleged victim, and this is a first offence, you may be eligible for the Alternative Measures Program. This is a diversion program that allows you to complete community service in exchange for the charges being dropped entirely, with no criminal conviction recorded.
Eligibility requires a referral from the Crown prosecutor. It is not automatic. Our team negotiates these referrals regularly and can guide you through the program if the Crown agrees you are a candidate. It is one of the most important options to explore early, before the case proceeds further.
Bail Conditions After an Assault Charge
If you are released on bail following an assault charge, expect conditions. Standard conditions typically include a no-contact order with the alleged victim including electronic communication, a weapons ban covering firearms, geographical travel restrictions, and if intoxication was alleged, an order to abstain from drugs and alcohol.
These conditions can be varied. If a no-contact order is separating you from your home, your children, or your employment, that is not a situation you simply accept. Our team files variation applications to have restrictive conditions adjusted where the circumstances support it.
A defence built in four steps.
We Listen
You tell us exactly what happened. Your version, your context, your relationship with the complainant. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the strength of the Crown's case, the credibility of the complainant, the available evidence, and whether Charter issues arise from how the investigation was conducted.
We Explain Your Options
We tell you whether this case should be fought at trial, whether a diversion program applies, whether the charge can be negotiated down, and what happens to your record under each scenario.
We Take Action
We move immediately. Bail variation if needed. Full disclosure review. Witness credibility analysis. We build your defence from day one and we do not stop until the best available outcome is secured.
Frequently Asked Questions
What constitutes assault in Canada?+
Assault under the Criminal Code includes any intentional application of force to another person without their consent, as well as threatening gestures that cause the other person to reasonably believe force is coming. This covers a wide range of conduct, from a single push to a serious physical altercation. Words alone do not constitute assault, but a threatening gesture or movement can.
Can the complainant drop assault charges in Alberta?+
No. Once police have been involved and charges are laid, only the Crown prosecutor can decide to withdraw them. If the alleged victim changes their mind, they can still be compelled to appear and testify as a Crown witness. This is one of the most important things to understand early. It is why retaining counsel immediately, rather than waiting to see what the complainant does, is always the right move.
What is the difference between common assault and aggravated assault?+
Common assault involves unwanted physical contact without injury. Aggravated assault applies where the complainant was wounded, maimed, disfigured, or had their life endangered. The sentencing range moves from a maximum of five years for common assault up to fourteen years for aggravated assault. Some aggravated assault scenarios carry more severe consequences than manslaughter charges.
What is the Alternative Measures Program for assault charges?+
The Alternative Measures Program is a diversion option available in some first-offence simple assault cases where there are no injuries to the complainant. It allows you to complete community service in exchange for the charges being dropped with no criminal conviction recorded. Eligibility requires a referral from the Crown prosecutor. It is not available in all cases and requires experienced counsel to negotiate access to it.
Will an assault charge affect my bail conditions?+
Yes. Standard assault bail conditions include a no-contact order with the complainant, a firearms ban, geographical restrictions, and potentially an order to abstain from alcohol or drugs if intoxication was alleged. These conditions can be challenged and varied. If a no-contact order is affecting your access to your home or your children, a bail variation application should be filed immediately.
Will an assault conviction affect child custody?+
It can. An assault charge in a domestic context is treated as an aggravating factor and the matter is heard in a specialized domestic violence court. Bail conditions in these cases can include restrictions on unsupervised access to children. If you are convicted, family court will consider the criminal record in any custody or access determination. Protecting your custody position is one of the most urgent reasons to build a strong defence early.
What should I do immediately after being charged with assault?+
Exercise your right to remain silent. Do not speak to police about the incident before speaking to a lawyer. Write down your version of events as soon as possible, including any injuries you sustained and any communications with the complainant. Do not post anything about the incident on social media. Then call us at (587) 355-8889.
Related Practice Areas
Assault charges frequently appear alongside or escalate into domestic violence proceedings, weapons allegations, or bail hearing emergencies. If your situation involves any of these, the defence strategy needs to address all of them together.
Domestic Violence and Assault Calgary
Assault charges in a domestic context are prosecuted in specialized court with heightened bail conditions.
READ THE DEFENCE GUIDEBail Hearings Calgary
Emergency release hearings and variation applications for restrictive assault bail conditions.
READ THE DEFENCE GUIDEWeapons and Firearms Offences Calgary
Weapon-related allegations frequently accompany assault charges and elevate the Crown's position.
READ THE DEFENCE GUIDECharged With Assault in Calgary?
The decisions made in the first hours after an assault charge directly affect your options. Do not wait.
Call (587) 355-8889. Free consultation. Available 24 hours a day.