Assault

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Assault Charges

Assault Charges in Canada

At Gigera Law Services, we understand that facing an assault charge can be one of the most stressful experiences in a person’s life. In Calgary and across Canada, an assault allegation can lead to severe legal, personal, and professional consequences. Our experienced criminal defence team is here to help you understand the law, your rights, and how we can protect your future.

What is Assault Under Canadian Law?

In Canada, assault is defined in the Criminal Code of Canada (Section 265). It goes beyond causing physical harm — it includes any intentional use of force or threat of force against another person without their consent.

According to the Criminal Code:

“A person commits an assault when:

  • without the consent of another person, he/she applies force intentionally to that other person, directly or indirectly;
  • he/she attempts or threatens, by an act or a gesture, to apply force to another person, if he/she has, or causes that other person to believe on reasonable grounds that he/she has, present ability to effect his/her purpose; or
  • while openly wearing or carrying a weapon or an imitation thereof, he/she accosts or impedes another person or begs.”

👉 Key Points:

  • Assault does not require physical injury.
  • A mere attempt or threat, if believed credible, can constitute assault.
  • Using or displaying a weapon aggressively may qualify as assault even without contact.

Criminal Code of Assault: The Legal Framework

The Criminal Code of Canada sets out various types of assault offences, each with its own elements and penalties:

  • Section 266: Assault (Common or Simple Assault) – punishable by summary conviction or indictment, with up to 5 years in prison if prosecuted by indictment.
  • Section 267: Assault with a Weapon or Causing Bodily Harm – carries a maximum penalty of 10 years if prosecuted by indictment.
  • Section 268: Aggravated Assault – where the assault wounds, maims, disfigures, or endangers the life of the complainant; punishable by up to 14 years in prison.

Convictions can also result in:

  • Criminal records that impact employment and travel.
  • Firearm prohibitions.
  • Restraining orders or probation.

Assault Charges – What You Need to Know

If you have been charged with assault:

  • Do not make statements to police without legal advice.

  • Understand that even minor physical contact or threats can result in charges.

  • Your intent, the circumstances, and the credibility of witnesses are all critical factors in your case.

It is also essential to realize that being charged does not mean being convicted. The Crown must prove guilt beyond a reasonable doubt — a high legal standard.

Why Consult Gigera Law Services on Assault Charges?

We Defend Your Rights Aggressively

At Gigera Law Services, we are passionate about protecting your rights under the Canadian Charter of Rights and Freedoms. We scrutinize every detail of your case, from the legality of your arrest to the admissibility of evidence.

We Provide Clarity and Guidance

The criminal justice system can be complex and intimidating. We break it down for you — explaining your options, potential outcomes, and the best strategies for your defence.

Our team combines legal knowledge, experience in Alberta courts, and a commitment to client care that sets us apart.

Types of Assault Charges We Handle

We represent clients across Calgary and Alberta in defending all forms of assault allegations, including:

Common (Simple) Assault
Allegations of minor force or threat without significant injury.

Assault with a Weapon
Where a weapon (or object used as a weapon) is involved, whether or not actual injury occurred.

Assault Causing Bodily Harm
Involves allegations where the complainant suffered physical injury.

Aggravated Assault
Serious cases where the complainant is wounded, maimed, disfigured, or had their life endangered.

Domestic Assault
Assault allegations arising from conflicts between spouses, partners, or family members — these are treated with particular seriousness by prosecutors.

Sexual Assault
Any unwanted sexual touching or contact — prosecuted as both an assault and a sexual offence.

Youth Assault Charges
We also defend young persons charged under the Youth Criminal Justice Act (YCJA).

Our Approach & Steps to Defending Assault Charges

At Gigera Law Services, we believe that a proactive and tailored defence is the key to success. Our approach includes:

🔍 Comprehensive Case Review

  • We examine all evidence including police reports, video footage, medical records, and witness statements.
  • We look for flaws in the Crown’s case — such as inconsistencies, breaches of your rights, or unreliable witnesses.

Develop Defence Strategies

Possible defences include:

  • Self-defence: You acted to protect yourself or another.
  • Defence of property: You acted to protect your property.
  • Consent: The alleged victim consented to the act (relevant in some situations, such as sports or consensual fights).
  • No intent: The force was accidental or not intentional.
  • Charter violations: For example, if evidence was obtained through an unlawful search or arrest.

🤝 Negotiation & Advocacy

We engage the Crown early to explore:

  • Withdrawal of charges.
  • Alternative measures (e.g., diversion programs).
  • Reduced charges or favourable plea bargains, if appropriate.

Court Representation

If your case proceeds to trial, we mount a vigorous defence — challenging evidence, cross-examining witnesses, and presenting your side of the story with skill and determination.

Let’s help you build your life together. Contact us today.