What is Assault in Alberta?
Assault is a criminal offence in Alberta, and it involves intentionally applying force to another person without their consent. It can also include threats or actions that cause someone to fear they will be harmed, even if no physical contact occurs.
If you’ve been charged with assault, understanding the legal process is crucial. This article will break down the different types of assault charges, possible defences, and what to expect if you face an assault charge in Alberta.
Types of Assault Charges in Alberta
Not all assault charges are the same. The Criminal Code of Canada outlines different levels of assault, each with its own legal consequences.
1. Simple Assault (Section 266 of the Criminal Code)
This is the most basic form of assault and includes:
- Hitting, pushing, or grabbing someone without their consent
- Making threats of harm that cause fear
- Attempting to strike someone but missing
Simple assault does not involve weapons or serious injuries. If convicted, penalties can range from fines to up to five years in prison, depending on the severity of the case.
2. Assault with a Weapon or Causing Bodily Harm (Section 267)
This charge applies when:
- A weapon (such as a knife, bottle, or even an everyday object used as a weapon) is involved
- The victim suffers bodily harm (any physical injury that is not severe but still impacts their well-being)
A conviction can lead to up to 10 years in prison if prosecuted as an indictable offence.
3. Aggravated Assault (Section 268)
Aggravated assault is the most serious type of assault charge and occurs when:
- The victim is seriously wounded, maimed, disfigured, or their life is put at risk
This charge carries severe penalties, including a maximum sentence of 14 years in prison.
4. Domestic Assault
Domestic assault refers to assault that occurs between family members or intimate partners. While legally it falls under simple assault, courts take these cases seriously due to the impact on families and children. Convictions may come with additional conditions, such as restraining orders or mandatory counselling.
5. Sexual Assault
Sexual assault involves any unwanted sexual touching, threats, or acts without consent. Depending on the severity, penalties range from fines to lengthy prison sentences.
Possible Defences Against Assault Charges
If you are facing an assault charge, you may have legal defences available. Some of the most common defences include:
1. Self-Defence
If you acted to protect yourself or someone else from harm, self-defence may apply. However, the force used must be reasonable and proportionate to the threat faced.
2. Consent
In some cases, the alleged victim may have consented to the physical contact. For example, in sports or consensual fights, proving consent can be a valid defence.
3. Lack of Intent
To be convicted, the prosecution must prove intent. If the act was accidental, such as bumping into someone in a crowded place, it may not constitute assault.
4. False Accusations
Sometimes, people falsely accuse others of assault due to personal conflicts, revenge, or misunderstandings. A strong defence strategy can expose inconsistencies in the accuser’s story.
What to Do If You’re Charged with Assault
If you’ve been charged with assault in Alberta, here’s what you should do:
1. Stay Calm and Do Not Resist Arrest
Resisting arrest can lead to additional charges. Cooperate with law enforcement and remain silent until you have legal representation.
2. Do Not Talk to the Police Without a Lawyer
Anything you say can be used against you in court. It’s crucial to contact a defence lawyer before making any statements.
3. Understand the Conditions of Your Release
If granted bail, follow all conditions, such as staying away from the alleged victim or avoiding certain places. Violating these conditions can lead to further legal trouble.
4. Hire an Experienced Criminal Defence Lawyer
A skilled lawyer can help build a strong defence, negotiate lesser charges, or even get the case dismissed.
How Greg White Defence Can Help
At Greg White Defence, we understand that being charged with assault is overwhelming and stressful. Our legal team has extensive experience in defending assault charges in Alberta. We will:
- Examine the evidence against you
- Challenge weak prosecution arguments
- Present a strong defence in court
- Work to get charges reduced or dismissed when possible
Final Thoughts
Assault charges are serious, but a charge does not mean a conviction. With the right legal strategy and an experienced lawyer, you can fight the charges and protect your future. If you or someone you know is facing an assault charge, contact Greg White Defence today for a consultation. We will guide you through the legal process and ensure your rights are protected every step of the way.
