Section 265 of the Criminal Code of Canada defines the crime of assault in the following way:

A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

By far the most prevalent form of committing an assault is through “the intentional application of force to a person without their consent.” This can vary from the simple act of touching someone to more severe actions such as striking, choking, and beating. It is worth noting that even the threat of violence or brandishing a weapon can be considered assault.

In Alberta, several types of assault can be charged under the Criminal Code of Canada. These include:

1. Simple assault: This type of assault occurs when a person intentionally applies force to another person without their consent. Simple assault can include actions such as pushing, shoving, or hitting.
2. Assault with a weapon: This type of assault occurs when a person uses a weapon to apply force to another person without their consent intentionally. Examples of weapons include guns, knives, and baseball bats.
3. Aggravated assault: This type of assault occurs when a person causes serious bodily harm to another person with the intent of doing so. Examples of serious bodily harm include broken bones, permanent disfigurement, and organ damage.
4. Sexual assault: This type of assault occurs when a person sexually touches another person without their consent. This can include anything from unwanted touching to rape.
5. Domestic Assault: This type of assault occurs when a person intentionally applies force to a person who is a spouse, partner, family member or someone with whom they have a close relationship.

It’s worth knowing that the laws and penalties associated with each type of assault can vary depending on the case’s specific circumstances.

The offense of uttering threats encompasses the verbalization, transmission, or initiation of a threat of death or physical harm to an individual, either directly or indirectly, through another person.

It is important to note that for this offense, the prosecution does not have to demonstrate that the individual who received the threat perceived it as such, it is sufficient that the perpetrator intended the threat. Not all types of threats fall under this charge, but specific types such as death threats, threats of arson and harm to animals are explicitly defined.

The Criminal Code of Canada allows individuals to use force in defense of themselves and others, but under strict limitations and conditions.

For instance, for the self-defense to be legally justifiable, the person must have a legitimate belief that force or the danger of force was being employed against them or someone else.

Additionally, the intent behind using force must be solely self-defense or defense of another person. Furthermore, the amount of force employed in the defense must be proportional and reasonable considering the specific context and circumstances, such as the type and degree of force or threat being used, the role of the individual in the incident, the physical characteristics and history of the parties involved, and the relationship between them, etc.

When an assault claim is reported in Alberta, the process of investigation typically commences with the Police Service receiving the complaint from the alleged victim, a relative, or a witness. The police will conduct an inquiry, which includes collecting written or recorded statements from the person who made the complaint and any other potential witnesses.

The offence of assault is considered severe, therefore, a comprehensive examination by the police is crucial to gather information and evidence in order to support the allegations. This process may include talking to witnesses, reviewing security camera footage (if available), and obtaining medical documentation that demonstrate the nature and level of injuries sustained by the alleged victim.

Upon completion of gathering the evidence, the police will make an effort to locate the individual suspected of committing the assault. This will result in an arrest, and the suspect will be brought to a police station for questioning and formal processing. The police will then determine whether or not to file official assault charges against the suspect.

Even if the person who made the claim of assault later retracts it, it’s ultimately up to the Crown Prosecutor to decide whether or not to pursue the charges against the accused. Generally, charges are only dropped if there is not enough evidence or if it is not in the public’s best interest to move forward with prosecution. If charges are pursued, the initial complainant becomes a witness in the case and may be summoned to appear in court, regardless of their desire to do so.

The penalties for assault charges in Alberta can vary depending on the specific circumstances of the case and the severity of the assault. Under the Criminal Code of Canada, assault is considered a hybrid offence, which means that it can be treated as either a summary conviction or an indictable offence.

If an assault charge is treated as a summary conviction, the maximum penalty is 6 months in jail and/or a $5,000 fine. However, if the charge is treated as an indictable offence, the maximum penalty is 10 years in prison. In addition, if the assault causes bodily harm, the maximum penalty increases to 14 years in prison.

Assault charges can also carry additional penalties such as probation, community service, or a restraining order.

If the assault is determined to be domestic violence, the offender may also be required to take a specialized domestic violence treatment program.

The penalties for assault charges in Alberta can vary depending on the specific circumstances of the case and the severity of the assault. Under the Criminal Code of Canada, assault is considered a hybrid offence, which means that it can be treated as either a summary conviction or an indictable offence.

If an assault charge is treated as a summary conviction, the maximum penalty is 6 months in jail and/or a $5,000 fine. However, if the charge is treated as an indictable offence, the maximum penalty is 10 years in prison. In addition, if the assault causes bodily harm, the maximum penalty increases to 14 years in prison.

Assault charges can also carry additional penalties such as probation, community service, or a restraining order.

If the assault is determined to be domestic violence, the offender may also be required to take a specialized domestic violence treatment program.

In addition to the legal repercussions that come with an assault conviction, it may also have long-lasting effects on your future. It may be challenging to find employment, particularly in working with vulnerable populations such as children, seniors, or other groups. Additionally, having a criminal record can create obstacles for immigration or travel.

The record of conviction for a such criminal offence can have a lifelong impact on your personal and professional life, hence it’s imperative to understand the charges, evidence and seek legal representation as soon as possible to minimize the impact.

Criminal defence lawyers have the training, knowledge and experience to help you. Some significant reasons to hire one include:

1. To Protect Your Rights
   The law still upholds your rights if you’re charged with domestic assault. A criminal defence lawyer will ensure this occurs.
2. For Expert Guidance
   Domestic assault cases are complicated. Criminal defence lawyers have the knowledge, expertise and experience to handle such cases properly. Your lawyer will explain all the case procedures and prepare you for the questions you’ll be asked throughout the case.
3. To Get a Reduced Sentence
   The consequences of domestic assault convictions vary based on several factors. Your criminal defence lawyer may succeed in having the charges against you dropped or they might be able to get you a plea agreement that could result in a shorter sentence. If you’re a first-time offender, your lawyer may be able to get you a noncustodial sentence and prevent you from going to jail. Whatever your domestic assault charge is for, a criminal defence lawyer will explore all your options and help you achieve the most favourable outcome.
4. To Prove Your Innocence
   Your criminal defence lawyer will actively work to find witnesses and evidence that can vindicate you. They will cross-examine all Crown witnesses to uncover gaps that could prove your innocence.

If you are facing charges related to assault, uttering threats, or mischief in the context of a domestic altercation, it is crucial that you seek the assistance of an experienced criminal defense lawyer who can develop the strongest possible defense strategy. The outcome of these cases often depends on the degree of harm caused to the victim, the circumstances that led to the altercation, whether one party was provoked, and the credibility of the parties involved. It may also require an understanding of criminal law if the defendant has been charged with a criminal offense associated with the attack.

Kurie Moore Law Group’s criminal team knows the law and takes your charges seriously. Our team has a results-driven approach when defending you from assault charges. If you have more questions or would like to know more, contact us to arrange a consultation with one of our criminal lawyers.