Facing an assault charge in Alberta can be overwhelming. Whether it’s a misunderstanding, a heated argument that got out of hand, or a false allegation, being accused of assault carries serious legal and personal consequences. At BW Criminal Law, our lawyers provide experienced, strategic defence to protect your rights and your future.
Table of Contents
- What Is Assault Under Canadian Law?
- Assault Charges and Domestic Situations
- Penalties for Assault in Edmonton
- Possible Defences to Assault Charges
- How an Edmonton Assault Lawyer Can Help
What Is Assault Under Canadian Law?
Per the Criminal Code of Canada, assault occurs when a person intentionally applies force to another person without consent or threatens to do so in a way that makes the other person reasonably fear that force will be used. You can be charged even if no physical injury occurs — simply threatening or attempting to apply force may be enough to constitute assault.
There are three main types of assault charges under the Criminal Code:
- Simple Assault (s. 266) – The most common form of assault, which includes physical contact or threats without significant injury.
- Assault with a Weapon, Causing Bodily Harm, or By Choking (s. 267) – Involves the use or threat of a weapon, or actions that cause bodily harm.
- Aggravated Assault (s. 268) – The most serious level of assault, where the complainant is wounded, maimed, disfigured, or their life is endangered.
Each of these offences can result in serious penalties — including probation, jail, and a permanent criminal record.
Assault Charges and Domestic Situations
In Edmonton, many assault charges arise from domestic disputes between partners, spouses, or family members. These cases are taken seriously by police and Crown prosecutors. Even if the complainant later wants to withdraw the complaint, the Crown often continues prosecution.
If you’ve been charged with domestic assault, it’s essential to speak to an experienced Edmonton domestic violence lawyer as soon as possible. A skilled lawyer can often help negotiate your release on bail, seek conditions that allow contact with family, and explore resolutions that may avoid a criminal conviction, such as peace bonds or diversionary programs.
Penalties for Assault in Edmonton
The penalty for an assault conviction depends on whether the Crown chooses to proceed summarily or indictably (does not apply to aggravated assault) and the severity of the allegations.
| Type of Assault | Maximum Penalty (Indictable) | Summary Conviction Penalty |
| Simple Assault | Up to 5 years imprisonment | Up to 2 years less a day |
| Assault with a Weapon or Causing Bodily Harm | Up to 10 years imprisonment | Up to 2 years less a day |
| Aggravated Assault | Up to 14 years imprisonment | N/A (indictable only) |
Beyond jail or fines, an assault conviction can result in a lifelong criminal record, restraining orders, weapons prohibitions, and travel restrictions. These consequences can impact your employment, immigration status, personal reputation, and liberty.
Possible Defences to Assault Charges
Every case is different, but some of the most common defences to assault include:
- Self-defence: You are legally entitled to use reasonable force to protect yourself or another person.
- Consent: In certain situations (such as consensual fights or sports), the other person may have consented to physical contact.
- Lack of intent: The Crown must prove that your actions were intentional.
- Charter violations: If police breached your constitutional rights — for example, through an unlawful search or failure to advise you of your right to counsel — evidence could be excluded.
An experienced Edmonton assault lawyer will carefully review the evidence, challenge inconsistencies in witness statements, and ensure your side of the story is heard in court.
How an Edmonton Assault Lawyer Can Help
At BW Criminal Law, we understand that being charged with assault does not make you guilty. We approach every case with compassion, skill, and determination to achieve the best possible result for our clients.
Our legal team will:
- Review the police evidence and witness statements in detail
- Identify weaknesses and inconsistencies in the Crown’s case
- Negotiate with prosecutors for reduced or withdrawn charges where possible
- Represent you vigorously at bail hearings, trial, and sentencing
- Protect your rights under the Canadian Charter of Rights and Freedoms
- If the complainant is interested in retracting their statement, changing the non-contact conditions, and/or withdraw of the charges, we can contact them and provide them with the referrals and information to help them get results that benefit you
We have successfully defended clients facing all levels of domestic assault, from simple to aggravated assault, and even murder.
Take Immediate Action
If you’ve been charged with assault in Edmonton or are under police investigation, you need experienced legal help immediately. Early legal advice can make all the difference in protecting your rights and achieving a favourable outcome.
Our Edmonton assault lawyers are ready to help you navigate the legal system, protect your future, and fight for your freedom.