Calgary Assault Law

Assault Charges in Calgary, Alberta

In Canadian criminal law, an assault occurs when someone intentionally applies or even threatens to apply force to another person without their consent. You don’t have to physically strike someone to be charged; a threatening gesture or attempt can be enough to qualify as an assault under the Criminal Code of Canada (s.265).

There are several types of assault, ranging from common assault to more serious charges involving weapons or bodily harm. Each carries different penalties and long-term consequences if convicted. Having an experienced Calgary assault lawyer on your side is essential to protect your rights and your future.

Types of Assault Charges in Calgary

Not all assault charges are the same. Alberta courts classify them based on the seriousness of the alleged conduct and the harm caused.

Common Assault

The most basic form of assault any unwanted physical contact, push, or slap. It often arises from misunderstandings, heated arguments, or domestic disputes.

Assault with a Weapon

Occurs when a person uses or threatens to use an object as a weapon anything from a knife or bottle to a cellphone or even a vehicle.

Assault Causing Bodily Harm

Applies when an assault results in injuries that are more than minor or temporary. These cases often rely on medical evidence and witness credibility.

Aggravated Assault

The most serious form of assault. It involves wounding, maiming, or disfiguring another person and carries significant jail time upon conviction.

Consequences of an Assault Conviction

A conviction for assault even a “common assault” can result in:

• A criminal record that may permanently affect employment and travel (including entry to the U.S.)

• Jail time, fines, or probation depending on the offence severity

• Restraining orders or no-contact conditions

• Restrictions on firearms ownership

• Long-term damage to reputation and personal relationships

Defending yourself early and effectively can make all the difference between a criminal record and a second chance.

How Chad Haggerty Defends Assault Charges

As a Calgary criminal defence lawyer with over 17 years of law enforcement experience as an RCMP officer, Chad Haggerty understands how police investigate, how prosecutors build their cases, and most importantly - where mistakes can occur.

Chad now uses that insight to defend clients against assault allegations across Alberta, including domestic violence cases, self-defence situations, and false accusations.

Common Legal Defences to Assault

Depending on the facts, several defences may apply, including:

• Self-Defence: You have the right to protect yourself or another person from harm using reasonable force.

• Consent: If both parties willingly participated in a physical altercation (e.g., a consensual fight), the act may not qualify as an assault.

• Identity Issues: If the evidence doesn’t clearly prove who was involved, the Crown must meet the high burden of proof beyond a reasonable doubt.

• Lack of Intent or Mistaken Belief: Assault requires intent. If actions were accidental or misinterpreted, the charge may not stand.

• Charter Breaches: Evidence obtained through unlawful search, seizure, or arrest may be excluded.

Chad uses a strategic defence approach aiming to resolve cases early through withdrawals, diversions, or peace bonds, but fully prepared to proceed to trial when necessary.

What to Do If You’ve Been Charged with Assault in Calgary

• Do not speak to police without legal advice.

• Avoid contacting the complainant breaching conditions can worsen your case.

• Contact a Calgary assault lawyer immediately. Early intervention helps preserve evidence and strengthen your defence.

Chad Haggerty offers confidential consultations and accepts both private retainers and Legal Aid clients where eligible.

Frequently Asked Questions

Do I need a lawyer for a common assault charge?

Yes. Even a “minor” assault can lead to a criminal record and impact your travel and employment.

What happens at the first court appearance?

You’ll receive disclosure (police reports, witness statements) and may enter a plea. Having a lawyer helps navigate this efficiently.

Can I get my assault charge dropped?

Possibly. Many cases are resolved through withdrawals, diversions, or peace bonds if handled early by skilled counsel.

How long does an assault case take in Calgary?

Typically several months, depending on disclosure volume, court scheduling, and complexity.