Assault Causing Bodily Harm

Under Alberta law, assault causing bodily harm is a serious form of assault governed by the Criminal Code of Canada. It goes beyond simple assault by involving actual injury to the complainant, and it carries the potential for significant legal consequences, including jail time and a permanent criminal record.

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Assault Defence Lawyers in Alberta

Assault causing bodily harm charges in Alberta are governed by section 267 (b) in the Criminal Code of Canada and follow the standard criminal process used across the province.

If you are facing an assault causing bodily harm allegation or believe a complaint may be made, it is important to seek legal advice as soon as possible. At Davidson Gregory, our skilled defence lawyers will take steps to understand your options, assess the strength of the Crown’s case, and determine the best path forward. Whether through negotiation, resolution, or trial, a tailored defence strategy can make a meaningful difference in the outcome.

What Is Assault Causing Bodily Harm?

An individual may be charged with assault causing bodily harm where they commit an assault and, in doing so, cause injury that is more than minor or temporary.

“Bodily harm” is defined in Canadian law as any injury that interferes with a person’s health or comfort and is more than merely transient or trifling. This can include:

Cuts, bruises, or swelling that require medical attention
Broken bones or fractures
Concussions or other head injuries
Any physical harm that meaningfully impacts a person’s well-being

The focus is not just on the act itself, but on the result. Even if the force used was relatively limited, a charge may arise if the complainant suffers a qualifying injury.

Potential Defences to Assault Causing Bodily Harm

As with all criminal charges, the Crown must prove the case beyond a reasonable doubt. The appropriate defence will depend entirely on the facts and evidence. Common defences may include:

Self-Defence: You may be justified in using force to protect yourself or another person. The court will assess whether your actions were reasonable and proportionate in the circumstances.
Lack of Intent / Accident: If the injury was caused accidentally and not through an intentional application of force, this may undermine the Crown’s case.
Identity: Where there is uncertainty about who caused the injury, the Crown must establish that the accused was responsible. Mistaken identity can be a critical issue in some cases.
Causation: The Crown must prove that the bodily harm was caused by the alleged assault. If the injury resulted from another event or pre-existing condition, this may raise reasonable doubt.
Consent (Limited Application): While consent can apply in some contexts (such as sports), it generally does not extend to situations involving bodily harm. However, the surrounding circumstances may still be relevant in assessing the case.
Credibility and Reliability of Evidence: Many cases turn on conflicting accounts. Inconsistencies in witness testimony or gaps in the evidence can weaken the prosecution’s case.

The Penalties for Assault Causing Bodily Harm in Alberta

Penalties for assault causing bodily harm under the Criminal Code of Canada can vary significantly depending on how the Crown elects to proceed and the specific facts of the case.

This offence is considered a hybrid offence, meaning it can be prosecuted either summarily (less serious) or by indictment (more serious):

Summary conviction: Lower maximum penalties, which may include fines, probation, or a shorter term of imprisonment (up to 2 years less a day).
Indictable offence: More serious cases can carry a maximum sentence of up to 10 years in prison.

Sentencing Depends on a Range of Factors, Including:

Severity of the injuries (e.g., minor bruising vs. fractures or head injuries)
Circumstances of the incident (such as whether it was spontaneous or prolonged)
Use of a weapon
Whether the incident involved a domestic relationship
Your prior criminal record
Impact on the complainant, including any lasting physical or emotional harm

Potential Outcomes in Alberta Courts May Include:

Discharge (absolute or conditional): no criminal conviction if conditions are met
Probation: often with conditions such as counselling, no-contact orders, or restrictions on alcohol
Fines
Custodial sentence (jail time): more likely in serious cases or where there are aggravating factors

A conviction will typically result in a permanent criminal record, which can affect employment opportunities, professional licensing, and travel, particularly to countries like the United States.

Where Davidson Gregory Defends Assault Causing Bodily Harm Cases

Davidson Gregory’s assault defence lawyers represent clients across Alberta, including in:

We also defend assault causing bodily harm cases in Sherwood Park, Stony Plain, Hinton, Jasper, Lethbridge, and across the province. We have represented people in BC, Saskatchewan, and the Northwest Territories.

Charged with Assault Causing Bodily Harm? Call Davidson Gregory.

Assault causing bodily harm is a serious charge with significant potential consequences. The cases turn on credibility, on causation, on identification, and on the careful application of the legal framework that governs assault charges. Davidson Gregory has decades of experience defending assault charges across Alberta. Our criminal defence lawyers represent clients in Edmonton, Calgary, Red Deer, Fort McMurray, and Grande Prairie, and across the province. Call our firm at 780-482-5496 or contact us today.

Frequently Asked Questions About Assault Causing Bodily Harm

What qualifies as “bodily harm” under Canadian law?

Bodily harm refers to any injury that interferes with a person’s health or comfort in more than a trivial way. This can include broken bones, concussions, or injuries requiring medical treatment.

Is assault causing bodily harm a criminal offence in Alberta?

Yes. It is a criminal offence that can be prosecuted as either a summary or indictable offence, depending on the circumstances and severity of the case.

Can I go to jail for assault causing bodily harm in Alberta?

Yes. Jail is a possible outcome, particularly where the injuries are serious, there are aggravating factors, or the accused has a prior criminal record.

Can charges be dropped if the complainant doesn’t want to proceed?

Not necessarily. In Alberta, the Crown decides whether to continue with a prosecution, even if the complainant wants the charges withdrawn.

What is the difference between simple assault and assault causing bodily harm?

The key difference is the result. Simple assault does not require injury, while assault causing bodily harm involves harm that is more than minor or temporary.

Do I need a criminal defence lawyer for this type of charge?

Yes. Given the seriousness of the offence, working with an experienced criminal defence lawyer is critical to protecting your rights and building a strong defence.

What should I do if I’m charged with assault causing bodily harm in Alberta?

You should contact us as soon as possible. Avoid discussing the case or contacting the complainant if conditions are in place, and seek legal advice before taking any steps.