Physical Assault Defence Lawyers

Being charged with physical assault is a serious matter that can have lasting effects on your life and future. Assault offences range in severity from minor altercations to violent attacks involving weapons or serious injury. Convictions can lead to criminal records, fines, or imprisonment, as well as significant personal and financial consequences. It’s essential to have experienced legal counsel to navigate the complexities of assault charges and protect your rights.

Years of Experience

0 +

STRATEGIC DEFENCE FOR ALL TYPES OF ASSAULT CHARGES

Committed Legal Support for Physical Assault Cases

At Davidson Gregory, our team understands the nuances involved in assault cases. We carefully examine the evidence, evaluate the Crown’s burden of proof, and explore every possible defence — including self-defence or lack of intent. Whether you’re facing simple assault, assault causing bodily harm, or aggravated assault, we are here to defend you across Western Canada and the Northwest Territories.

We provide defence services for charges including:

Simple Assault
Assault Causing Bodily Harm
Aggravated Assault
Assault with a Weapon
Domestic Assault
Self-Defence

Home » Criminal Defence Practice Areas » Physical Assault

Alberta Physical Assault Charge Lawyers

Physical assault is considered a serious offence with heavy penalties, including a criminal record, or occasionally, a jail sentence. An assault case may be more serious if the offence involves assault with a weapon, assault causing bodily harm, or aggravated assault. This can affect you, your family, and your financial future.

Our firm will strategize and create a roadmap to defend you on an assault charge. We will review the onus of the Crown prosecutor to prove the charge against you and analyze your defences including self defence.

Steps to Take If Charged with a Physical Offence in Alberta

If you have been charged with a violent offence such as assault, it’s important to act quickly and avoid mistakes that could affect your defence. Do not try to explain your side to police without a lawyer present. Remember, anything you say can be used as evidence against you.

Here’s what you should do instead:

Contact a criminal defence lawyer immediately: Early advice can help protect your rights and guide your next steps, especially during police interviews or bail hearings
Follow all release conditions: Respect any no-contact orders, curfews, or travel restrictions – beaching these terms can lead to new charges
Gather and preserve evidence: Save messages, photos, or witness information that may support your defence
Avoid direct communication with the complainant: Even well-intentioned contact can violate court-ordered conditions

At Davidson Gregory, we act quickly to review the charges, explain your options, and build a strong defence from the start, guiding you through the full criminal defence procedure so you know what to expect at every stage.

Understanding Physical Assault Charges in Alberta

Under Section 265 of the Criminal Code of Canada, assault occurs when someone intentionally uses force against another person without consent, or threatens force in a way that makes the person believe it will happen. While this sounds straightforward, each case depends on the facts — including the level of injury, the evidence, and what witnesses report.

In Alberta, assault cases are prosecuted by the Crown Prosecution Service and heard in the Provincial Court, with more serious matters going to the Court of King’s Bench. Police can lay a charge even when evidence is limited or stories conflict, and once charges are filed, it is the Crown, not the complainant, who decides whether to move forward.

A conviction can lead to significant consequences, including fines, probation, or jail time, as well as permanent criminal record that may limit travel, employment, and future opportunities.

Common Reasons Assault Charges Arise

Assault charges often arise from everyday situations that escalate unexpectedly. In Alberta, they frequently occur during domestic disagreements, public altercations, or heated exchanges where one person believes force or threats were used. Police may lay charges based on limited information or conflicting stories, and in many cases, both parties share responsibility or someone acted in self-defence.

Common circumstances that lead to assault charges include:

Disputes between partners, family members, or friends
Bar or public altercations that escalate
Self-defence situations misinterpreted by witnesses or police
Neighbour or workplace confrontations
Domestic incidents where police are obligated to lay charges once a complaint is made

Different Types of Physical Assault in Alberta

The three most common types of assault charges are: “simple assault”, “assault causing bodily harm” and “aggravated assault.”

Simple Assault

Simple Assault is the application of force from a person’s extremities such as hands, legs or feet. Such charges include fights or conflicts that do not result in serious or permanent injury, such as slapping, pushing, shoving, punching, or threatening behaviour.

Assault Causing Bodily Harm

Assault causing bodily harm is a more serious charge that results in serious injury. Bodily harm includes:

Cuts requiring stitches
Bruising
Broken nose or other bones
Permanent damage or injury
Semi-permanent injury requiring significant time to heal

Aggravated Assault

Aggravated assault is a stronger form of assault resulting in substantial injury, such as one that is permanent or endangers the life of another. Aggravated assault may include assault with a deadly weapon. For example, if a person stabs another individual and the person suffers from serious injuries, the accused is often charged with aggravated assault. It is often defined as maiming or wounding a person. A stabbing is an aggravated assault. An assault resulting in cuts, broken bones, serious injuries may constitute an aggravated assault.

Assault with a Weapon

“Assault with a weapon” refers to an instrument which can inflict bodily harm. Examples of such weapons include a stick, bat, switchblade, knife, gun, a dog ordered to attack a person, or a motor vehicle.

In situations where an accused is found guilty of assault, the type of sentence imposed depends on the degree of harm caused. A “simple assault” charge may not result in jail time, and in exceptional cases, no criminal record.

Domestic Assault

Domestic assault involves violence or threats within a family or intimate relationship. These cases are treated with particular seriousness by Alberta courts and often include strict bail conditions or no-contact orders. A conviction can affect child custody, employment, and travel, making early legal advice critical. Read more about our domestic assault offence criminal defence services here.

Key Timelines for Physical Assault Charges in Alberta

Bail hearings: Typically held within 24 hours of an arrest. Conditions such as no-contact orders, curfews, or travel restrictions may be imposed until the case is resolved
Disclosure: The Crown must provide all evidence, including witness statements, police notes, and video footage, for review by your defence lawyer. This is a critical stage for building your defence strategy
Court appearances and trial scheduling: Assault cases in the Provincial Court of Alberta follow strict procedural deadlines. Missing a court date or delaying disclosure review can negatively impact your case

Timelines in criminal matters are strict, and delays can limit your options. At Davidson Gregory, we manage all timelines, address court-imposed conditions, and prepare your defence efficiently so no opportunity is missed.

Penalties for Physical Assault in Alberta

Penalties depend on the nature of the charge and how the Crown proceeds. Even a first offence can lead to a criminal record, which may affect employment, travel, and future opportunities.

Under the Criminal Code of Canada, the main categories include:

Assault (Section 265): Up to 6 months in jail and/or a $5,000 fine for summary conviction, or 5 years’ imprisonment if indicted

Assault with a Weapon or Causing Bodily Harm (Section 267): Up to 10 years in prison, along with probation, DNA orders, and weapons prohibitions
Aggravated Assault (Section 268): The most serious form, carrying a maximum sentence of 14 years’ imprisonment, often with firearms bans and mandatory DNA collection

Sentencing in Alberta depends on the level of injury, the presence of a weapon, and any prior record. In some cases especially for first-time offenders, peace bonds, conditional discharges, or diversion programs may help avoid a conviction.

Speak with an Experienced Physical Assault Lawyer

If you or someone you love has been charged with physical assault, it’s important to speak to an experienced criminal lawyer right away. We defend all cases of assault and protect our clients from a criminal conviction.

We can help individuals from anywhere in Western Canada and the Northwest Territories. If you’re unable to reach our Edmonton offices for a consultation, we are able to discuss your matter at your convenience via telephone or the online video platform of your choice (Zoom, Microsoft Teams, etc). Where appropriate, we can also arrange travel to you. Our aim is to ensure that you can access legal advice as easily as possible.

Frequently Asked Questions About Physical Assault Cases

What does The Criminal Code establish as physical assault?

The Criminal Code establishes three instances in which a person commits assault:

When without the consent of another, he applies force intentionally to that other person, directly or indirectly;
By an act or gesture, he attempts or threatens, to apply force to another person, or causes that other person to believe on reasonable grounds that he has the capability to effect his purpose; or
While openly wearing or carrying a weapon or an imitation weapon, he accosts or impedes another person.
Important to note is that assault may be found even when there is no physical harm or strength exerted on to the victim.

What are some defences for physical assault?

A number of defences to an assault charge may be accepted by the Court as the absence of criminal intention. These can include:

Self-defence or the protection of others;
Reflex action, such as in response to a perceived and immediate threat;
Defence of property (e.g., where one believes another is taking or damaging property or trespassing);
Prevention of a crime (e.g., when police use force to prevent an armed and dangerous person from firing); or
Corporal punishment (spanking) of a child, though several exceptions exist. Corporal punishment is permitted only in the course of discipline and not in anger or frustration, not of a child under age two or a mentally challenged child, not of a teenager, not using an object or a slap or blow to the head, and not causing injury.

What is the difference between assault and battery in Canada?

In Canada, the Criminal Code does not separate “assault” and “battery” into two distinct offences, as is the case in some other legal systems. All non-consensual physical contact, or the threat of such contact, falls under the offence of assault. This means both the act of applying force and actions that cause someone to fear imminent force may lead to an assault charge. The seriousness of the conduct will influence how the matter is prosecuted.

Can I be charged with assault if I was defending myself?

A person may raise self-defence if they used reasonable force to protect themselves or another person from harm. The force used must be proportionate to the threat faced. If the court accepts that the actions were necessary and reasonable in the circumstances, an assault conviction may be avoided.

What happens if the alleged victim does not want to proceed with the charges?

Even if the complainant wishes to withdraw the allegation, the Crown decides whether the case continues. Assault charges are prosecuted by the state, not the individual. The Crown will assess whether there is a reasonable prospect of conviction and whether it is in the public interest to proceed.

Will an assault conviction stay on my record permanently?

A conviction for assault becomes part of your criminal record and may affect employment, travel, professional licensing, and immigration. In some cases, a person may apply for a record suspension (pardon) after a waiting period, provided all sentence conditions are met and they are eligible.