Criminal Charges for Assault: Defence Strategies in Calgary
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Criminal Charges for Assault: Defence Strategies in Calgary
Contents
Types of Assault Charges in Calgary ...................................................................................................... 2
Potential Penalties for Assault Convictions ............................................................................................ 4
Defence Strategies for Assault Charges .................................................................................................. 7
The Role of a Calgary Criminal Defence Lawyer ................................................................................. 10
Importance of Local Expertise in Understanding Alberta’s Legal System ........................................ 
10
How a Lawyer Can Evaluate Evidence, Negotiate with Crown Prosecutors, and Represent You in 
Court .................................................................................................................................................  10
Case Studies or Examples of Successful Defences in Calgary .......................................................... 11
5. Steps to Take After Being Charged with Assault .............................................................................. 12
Why Consider Alternatives to Convictions? ..................................................................................... 16
Contact Details of Calgary Defence Lawyer .......................................................................................... 17
Types of Assault Charges in Calgary
Simple Assault
Simple assault is the most basic form of assault under Section 265 of the 
Criminal Code. It involves intentionally applying force to another 
person without their consent or threatening to do so. The act does not 
need to result in physical harm for charges to be laid.
Examples:
 Pushing someone during an argument.
 Threatening to punch someone without actually following 
through.
 Spitting at another person.
Potential Penalties: Convictions for simple assault can result in a 
summary conviction or an indictable offence, depending on the severity.
 Summary conviction: Up to 6 months in jail and/or a fine of up 
to
$5,000.
 Indictable offence: Up to 5 years in prison.
Assault with a Weapon or Causing Bodily Harm
This charge applies when the accused uses or threatens to use a weapon 
or when the assault causes bodily harm that interferes with the victim’s 
health or comfort.
Examples:
 Striking someone with an object like a bat.
 Using a knife, firearm, or other weapon during an altercation.
 Inflicting injuries requiring medical attention.
Potential Penalties: This is considered a hybrid offence, with the 
prosecution deciding whether to proceed summarily or by indictment.
 Summary conviction: Maximum penalty of 18 months in jail.
 Indictable offence: Up to 10 years in prison.
Aggravated Assault
Aggravated assault is the most serious form of assault, as outlined in 
Section 268 of the Criminal Code. It involves wounding, maiming, 
disfiguring, or endangering the life of another person. Intent to cause 
severe harm is a key factor in these cases.
Examples:
 Stabbing someone with intent to kill or seriously injure.
 Beating someone to the point of causing long-term physical 
damage.
 Causing severe injuries during a domestic altercation.
Potential Penalties: Aggravated assault is always prosecuted as an 
indictable offence, with a maximum penalty of 14 years in prison.
Calgary-Specific Trends or Statistics Related to Assault Cases
Understanding local trends can provide insight into how assault cases 
are handled in Calgary.
 According to recent Calgary Police Service (CPS) reports, the 
city has seen a rise in violent crimes, including assault-related 
charges, in certain areas.
 Alcohol and drug-related disputes are frequently cited as 
contributing factors in many assault cases in Calgary.
 Domestic assault cases represent a significant proportion 
of
charges, prompting Calgary to invest in support systems for both 
victims and accused individuals, such as Family Violence 
Prevention Services.
Potential Penalties for Assault Convictions
Overview of Sentences
The penalties for assault convictions in Calgary depend on the severity 
of the charge and whether the Crown proceeds summarily or by 
indictment.
 Fines:
o For simple assault, fines can range up to $5,000 if the charge 
is treated as a summary offence.
o For more serious offences, fines may accompany other
penalties, such as probation or jail time.
 Probation:
o Probation sentences typically last up to 3 years and may 
include conditions such as attending anger management 
programs, community service, or avoiding contact with the 
victim.
o Probation is common for less severe cases or first-time 
offenders.
 Imprisonment:
o Simple Assault: Up to 6 months for a summary conviction 
or up to 5 years for an indictable offence.
o Assault with a Weapon or Causing Bodily Harm: Up to 18 
months for a summary conviction or 10 years for an 
indictable offence.
o Aggravated Assault: Maximum sentence of 14 years in 
prison.
Long-Term Consequences
Assault convictions can have repercussions far beyond the immediate 
penalties, affecting various aspects of an individual’s life:
1. Criminal Record:
o A conviction will result in a criminal record, which can be a 
significant barrier to future opportunities.
o In Calgary, a criminal record may complicate applications for 
certain jobs, particularly in fields like healthcare, law 
enforcement, and education.
2. Employment Challenges:
o Many employers conduct background checks, and an assault 
conviction could disqualify candidates from certain roles.
o Self-employment or careers requiring professional licensing 
may also be impacted.
3. Travel Restrictions:
o A criminal record can limit international travel, especially to 
countries like the United States.
o Canada has agreements with some countries to share criminal 
record information, which may result in visa denials or entry 
refusals.
4. Social and Personal Consequences:
o Convictions can strain personal relationships, leading to 
stigmatization within the community or family.
o Parental rights and custody arrangements can also be affected 
if the assault charge is related to domestic violence.
Calgary-Specific Diversion Programs for First-Time Offenders
For first-time offenders, Calgary offers diversion programs designed to 
provide a second chance while addressing the underlying causes of the 
offence.
5. Alternative Measures Program (AMP):
o This program allows eligible individuals to avoid a criminal 
record by completing community service, counselling, or 
restitution to the victim.
o It is available for minor offences, including simple assault, 
provided the accused accepts responsibility for their actions.
6. Restorative Justice Initiatives:
o These initiatives focus on repairing harm through mediated 
meetings between the accused and the victim.
o Restorative justice can lead to resolution without formal
court proceedings, emphasizing accountability and 
reconciliation.
3. Crown Discretion for Peace Bonds:
o In some cases, the Crown may agree to a peace bond instead 
of pursuing a conviction.
o A peace bond involves specific conditions (e.g., no-contact
orders) for up to one year and avoids a criminal record.
Defence Strategies for Assault Charges
Self-Defence
One of the most frequently used defences in assault cases is self- 
defence, which is protected under Section 34 of the Criminal Code of 
Canada.
How to Establish Self-Defence:
To successfully claim self-defence, the accused must demonstrate that:
4. They believed they or someone else was at risk of harm.
5. The use of force was necessary to prevent that harm.
6. The force used was proportionate to the threat faced.
Examples in Calgary:
 Defending oneself during a physical altercation initiated by another 
party.
 Protecting a family member from imminent harm in a domestic 
violence situation.
A Calgary criminal defence lawyer can help present evidence, such as 
witness testimony or security footage, to support the necessity and 
reasonableness of the force used.
Consent
In some cases, consent from the alleged victim can serve as a defence to 
assault charges.
When Consent is a Valid Defence:
 The alleged victim willingly agreed to participate in the activity 
that led to the injury (e.g., sports or consensual physical 
interactions).
 The force used was within the bounds of what was consented 
to.
Limitations:
 Consent is not valid in situations involving serious bodily 
harm.
 Courts will scrutinize whether consent was freely given and not 
coerced.
Example in Calgary:
A minor altercation during a hockey game in Calgary where both players 
willingly engaged in the physical activity may not result in criminal 
liability if the conduct falls within the scope of the sport.
Mistaken Identity or Lack of Evidence
In many assault cases, the prosecution relies on witness testimony or 
circumstantial evidence to establish guilt. A robust defence may focus 
on undermining the reliability of this evidence.
Challenging Mistaken Identity:
 Eyewitness accounts can be unreliable, especially in chaotic or 
high-stress situations.
 Defence lawyers may use alibi evidence or discrepancies in 
witness statements to cast doubt on the identity of the accused.
Challenging Lack of Evidence:
 If the prosecution cannot provide sufficient evidence to prove guilt 
beyond a reasonable doubt, the charges may be dismissed.
 Surveillance footage, phone records, or other forms of evidence
can be used to refute claims made by the Crown.
Example in Calgary:
A fight outside a Calgary nightclub might involve multiple individuals, 
leading to confusion about who initiated the altercation. Defence
lawyers can exploit this uncertainty to challenge the prosecution’s 
case.
Charter Violations
The Canadian Charter of Rights and Freedoms guarantees 
fundamental rights to individuals facing criminal charges. Any breach of 
these rights by law enforcement or the prosecution can be grounds for 
dismissing the charges or excluding evidence.
Common Charter Violations in Assault Cases:
 Unlawful Arrest: If the police did not have reasonable grounds for 
arresting the accused, the charges may be challenged.
 Right to Counsel: Failure to promptly inform the accused of their 
right to legal representation can lead to a Charter challenge.
 Unlawful Search and Seizure: Evidence obtained without proper 
legal authority may be inadmissible in court.
Example in Calgary:
If Calgary police obtain incriminating evidence without a valid search 
warrant or detain the accused without justification, a skilled defence 
lawyer can argue for a dismissal based on Charter violations.
The Role of a Calgary Criminal Defence Lawyer
Importance of Local Expertise in Understanding Alberta’s Legal 
System
Navigating Alberta’s legal system requires a thorough understanding of 
provincial laws, court procedures, and the nuances of Calgary’s judicial 
environment. A local Calgary lawyer is familiar with:
 Alberta-Specific Legal Framework: Understanding how 
provincial laws and precedents influence assault cases.
 Calgary’s Court System: Knowledge of how Calgary’s courts 
operate, including judges' tendencies and the policies of local 
Crown prosecutors.
 Community Resources: Awareness of diversion programs, such 
as the Alternative Measures Program, which may be available to 
first-time offenders in Calgary.
Local expertise helps a lawyer build a defence strategy that aligns with 
the unique aspects of Calgary’s legal landscape, increasing the chances 
of a favourable outcome.
How a Lawyer Can Evaluate Evidence, Negotiate with Crown 
Prosecutors, and Represent You in Court
1. Evaluating Evidence:
A Calgary defence lawyer will meticulously analyze the prosecution’s 
case, identifying inconsistencies or weaknesses in the evidence. This 
includes:
 Assessing witness credibility and cross-referencing statements.
 Reviewing surveillance footage or forensic reports.
 Identifying any procedural errors or Charter violations during the 
investigation.
2. Negotiating with Crown Prosecutors:
Experienced lawyers often negotiate with Crown prosecutors to seek 
alternatives to a trial or reduce the severity of the charges. Negotiations 
may result in:
 Reduced Charges: Downgrading from aggravated assault to 
simple assault.
 Diversion Programs: Recommending restorative justice or peace 
bonds for eligible clients.
 Plea Agreements: Securing a less severe sentence in exchange for 
a guilty plea.
3. Representing You in Court:
If the case proceeds to trial, a defence lawyer will:
 Present a compelling argument based on evidence and legal 
precedents.
 Cross-examine witnesses to challenge the prosecution’s 
narrative.
 Advocate for acquittal or reduced sentencing by demonstrating 
reasonable doubt.
Case Studies or Examples of Successful Defences in Calgary
Case Study 1: Self-Defence in a Domestic Altercation
A Calgary resident was charged with assault following a domestic 
dispute. The defence lawyer demonstrated that the accused acted in self- 
defence to protect themselves from imminent harm. By presenting 
medical records and corroborating testimony from neighbours, the 
charges were dismissed.
Case Study 2: Mistaken Identity in a Bar Fight
After a late-night altercation at a downtown Calgary bar, an individual 
was wrongly identified as the aggressor. The defence lawyer used 
security footage to prove the accused was not involved in the incident. 
The case was dropped before trial.
Case Study 3: Diversion Program for First-Time Offender
A young Calgary man faced charges of simple assault after a heated 
argument escalated. The defence lawyer negotiated with the Crown to 
enrol the client in the Alternative Measures Program, allowing him to 
complete community service and avoid a criminal record.
5. Steps to Take After Being Charged with Assault
Exercise Your Right to Remain Silent and Avoid Self-Incrimination
One of the most critical steps after being charged is exercising your right 
to remain silent under the Canadian Charter of Rights and Freedoms.
 Do Not Discuss the Case: Avoid making statements to the police 
or anyone else about the incident, as anything you say can be used 
against you in court.
 Avoid Social Media: Do not post about the situation on social 
media platforms, as prosecutors may use your posts as evidence.
Why It Matters:
Remaining silent ensures you do not unintentionally provide information 
that could harm your defence. Let your criminal defence lawyer handle 
all communication with law enforcement and the prosecution.
Importance of Consulting a Criminal Lawyer in Calgary Immediately
Assault cases in Calgary require expert legal guidance to navigate the 
complexities of the Alberta legal system.
Why You Need a Lawyer Early:
 Understanding Your Rights: A lawyer will explain your legal 
rights and the charges against you.
 Building a Defence: Early consultation allows your lawyer to start 
gathering evidence and crafting a defence strategy while details are
fresh.
 Exploring Options: Your lawyer can assess whether diversion 
programs, plea agreements, or other resolutions are possible in 
your case.
Finding a Calgary-Based Lawyer:
Hire a criminal defence lawyer with local expertise who understands 
Calgary’s courts and Crown prosecutors. This insight can be invaluable 
in achieving the best possible outcome for your case.
Gathering Evidence and Identifying Witnesses to Support Your 
Defence
Evidence and witness testimony are critical to building a strong defence 
against assault charges.
Steps to Take:
1. Document Your Recollection: Write down all details of the 
incident while they are still fresh in your mind. Include timelines, 
locations, and the actions of everyone involved.
2. Collect Evidence:
o Preserve any physical evidence related to the incident, such 
as clothing, photographs, or personal belongings.
o Save electronic communications, such as text messages or 
emails, that may support your version of events.
3. Identify Witnesses:
o Make a list of individuals who were present during the 
incident and may testify on your behalf.
o Ensure your lawyer contacts witnesses promptly to secure 
their statements.
Examples of Supporting Evidence in Calgary Cases:
 Surveillance footage from local businesses or public spaces in 
Calgary can corroborate your account.
 Medical records can help demonstrate injuries or a lack 
thereof,
depending on the nature of your defence.
6. Alternatives to Convictions
Overview of Plea Deals and Reduced Charges
A plea deal is an agreement between the defence and the Crown 
prosecutor, where the accused agrees to plead guilty to a lesser charge or 
accept a reduced sentence in exchange for avoiding a trial.
How Plea Deals Work in Calgary:
 The Crown may offer to downgrade the charges (e.g., from 
aggravated assault to simple assault) to reflect the circumstances 
and evidence.
 Plea deals are often negotiated when the prosecution’s case is not 
strong, or the accused demonstrates genuine remorse.
Benefits of Plea Deals:
 Avoiding the time, stress, and costs associated with a trial.
 Potentially lighter sentences, such as probation instead of jail 
time.
 Faster resolution of the case.
For example, a Calgary resident charged with assault causing bodily 
harm might agree to plead guilty to simple assault as part of a plea deal, 
resulting in reduced penalties.
Explanation of Alberta’s Alternative Measures Program (AMP)
The Alternative Measures Program (AMP) is a diversion program 
available to eligible first-time offenders in Alberta, including those 
charged with minor assault.
Eligibility for AMP in Calgary:
 The accused must take responsibility for their actions.
 The offence must be deemed suitable for diversion by the Crown 
prosecutor (typically less severe cases, such as simple assault).
How AMP Works:
Participants may be required to:
 Complete community service.
 Attend counselling or anger management programs.
 Pay restitution to the victim.
 Write an apology letter or participate in restorative justice 
initiatives.
Upon successful completion of the program, the charges may be 
withdrawn, leaving the accused without a criminal record.
Local Example:
A first-time offender involved in a minor altercation at a Calgary park 
might be referred to AMP instead of facing a trial, allowing them to 
resolve the case through community service and counselling.
Benefits of Counselling or Anger Management Programs
Participating in counselling or anger management programs can 
demonstrate accountability and a willingness to address underlying 
issues, which may lead to reduced penalties or alternative resolutions.
Why These Programs Matter:
 Courts in Calgary often view voluntary participation as a positive 
step, especially in domestic assault cases or those involving 
repeated patterns of behaviour.
 Completing these programs may strengthen your case for diversion 
or plea deals.
Common Programs in Calgary:
 Anger Management Workshops: Offered by organizations like 
the Calgary Counselling Centre, these programs address anger 
triggers and teach conflict resolution skills.
 Family Violence Prevention Programs: For cases involving 
domestic disputes, these programs focus on breaking the cycle of
violence and improving communication.
Benefits:
 May lead to probation instead of imprisonment.
 Can be a condition of a peace bond, allowing the accused to avoid 
a conviction.
Why Consider Alternatives to Convictions?
Alternatives to convictions offer a path to resolve assault charges 
without the long-term consequences of a criminal record. Whether 
through plea deals, Alberta’s AMP, or participation in counselling, these
options allow individuals to learn from their mistakes, contribute 
positively to the community, and move forward with their lives.
If you’ve been charged with assault in Calgary, consult a Calgary 
criminal defence lawyer to explore your eligibility for alternatives and 
develop a strategy that minimizes the impact on your future. Early 
intervention is critical to achieving the best outcome.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7
Phone Number: 403-774–9529 
Email: [email protected]
Business Hours: Monday-Thursday: 9 AM-5 PM, Friday: 9 AM-12 PM, 
Saturday: 10 AM-1 PM