If you have been accused of assault in Calgary, you face a real threat of:

  • A permanent criminal record,
  • Significant fines, and
  • Potential imprisonment.

At Strategic Criminal Defence, our assault lawyers provide the aggressive advocacy needed to defend and defeat charges.

With over 700 Google reviews,  a 5-star Google rating, over 10,000 cases defended, and recognition for eight consecutive years as one of the Three Best Rated® criminal defence firms in Calgary, we provide the strategic edge required to navigate Alberta’s assault laws.

Why you must act quickly: The first 48 hours are critical

If you’ve been accused of assault under Criminal Code, R.S.C. 1985, c. C-46, s. 265, speaking to an assault lawyer will help with:

  • Understanding the charges,
  • Preserving key evidence,
  • Arranging your release, a
  • Working on your defence, and
  • Avoiding the serious consequences of a conviction.

The longer you leave the initial contact with a lawyer, the greater the risk to your legal rights and freedoms.

Contact us for a free consultation.

You were charged with assault. What next?

  1. Silence is Safety: Do not try to explain ‘your side’ to Calgary police. Exercise your right to remain silent.
  2. Document any Injuries: Take high-res photos of any bruises/marks on yourself immediately.
  3. Call an Assault Lawyer: You have the constitutional right after being arrested to speak to legal counsel.
  4. Consult with the Lawyer: Follow the advice of your lawyer. Your defence starts here.

“Everything you say to the police can be used against you, whether a formal police interview or an informal chat. There’s no ‘off the record’. Everything you say will be used to solidify the police case against you, and nothing that could aid your case can be used directly in court. It’s virtually never a good idea to say anything at all, especially if you’ve been arrested and are in custody. Exercise your right to silence and protection against self-incrimination.”

Michael Oykhman, Senior Criminal Defence Lawyer

Preventing prolonged detention and harsh penalties for assault

Assault is the intentional application of force to another person without their consent or threats, by acts or gestures, to apply force to another person.

Often, this happens due to provocation or a momentary lapse of judgment. This should not shape your future or burden you with harsh penalties, especially if it’s your first brush with the law.

The assault lawyers at Strategic Criminal Defence have defended hundreds of these cases and will fight for the best-case scenario:

Assault: Best-case vs. Worst-case scenarios

Simple assault charges are numerous in Calgary. They are hybrid offences, meaning the Crown can choose to proceed either summarily or by indictment. In Alberta, they are almost always treated as summary offences.

You may spend little or no time locked up, but the possibility of up to a year in jail still exists, and the outcome of a conviction can still be life-changing.

Aggravated versions of the offence, like assault with a weapon, assault causing bodily harm, or aggravated assault (which is a straight indictable offence), carry harsher penalties, including an increased likelihood of incarceration.

Worst-case scenario: 

  • A conviction with a harsher sentence than is warranted because the right information is not put in front of the judge.
  • A permanent criminal record is flagged on any employment criminal record check or vulnerable sector check for volunteering.
  • U.S. border inadmissibility and severe immigration consequences for non-citizens in Canada.

“After an assault conviction, the offence will be flagged on any vulnerable sector check for volunteer purposes, including for people who want to be volunteers for their kids’ school or extracurricular activities. An assault conviction may make you ineligible to work in various types of employment or cross the border into the US, and can have significant immigration consequences.”

Michael Oykhman, Senior Criminal Defence Lawyer

Best-case scenario: 

  • Case dismissal, or
  • Entry into a diversion program that results in no criminal record.
  • Options include the Adult Alternative Measures Program (AAMP), Mental Health Diversion, and Peace Bonds (or restorative justice initiatives for young people).

To increase your chances of a swift release and a strong defence that reduces the likelihood of a permanent criminal record:  

  1. Do not make any ‘statement of facts’ or give interviews without a lawyer present.
  2. Immediately claim your right to legal counsel after an arrest and charge.
  3. Follow the advice provided by your lawyer without exception.

Even if you plead guilty (rarely a good idea) or are found guilty at trial, you may be able to avoid a criminal record through a conditional or absolute discharge.

“If you’ve got something to say that will exonerate you, save your breath with the police and tell it to your lawyer. Exercising your right to call your lawyer does not make you look guilty, and exercising your right to silence does not make you look guilty. Your lawyer can use the information in a meaningful way that defends your rights and best interests.”

Michael Oykhman, Senior Criminal Defence Lawyer

Important: Do not try to ‘wing it’ or give a statement to ‘not look guilty’. Exercising your constitutional right to remain silent or choosing to rely on your lawyer’s advice cannot be used against you in court to draw an inference of guilt. Everything you say to the police can be used to solidify their case, but your own exonerating statements often cannot be played in court to prove your innocence.

Navigating the first 24-48 hours after an assault charge

The first 24-48 hours are critical in any criminal case.

The initial priority of your assault lawyer will be to ensure you are released from detention. For a simple assault, you will likely be released without a bail hearing, under either of the following:

  1. An appearance notice, which compels you to attend court on a specific date, or
  2. An undertaking, which releases you with mandatory conditions, such as ‘no contact’ with the complainant or a ‘no-go’ zone for a specific Calgary address.

If the alleged offence is more serious or you have prior convictions, you may be detained and processed at the Spyhill Services Centre, located at 12500 85 St. NW, near the Calgary Remand Centre.

This is the primary Arrest Processing Unit for the Calgary Police Service (CPS), where defendants are booked and detained.

We may visit you here and provide instructions on how to protect your legal rights and start working on your release.

If you are held at Spyhill, you will likely be subject to a bail hearing. This will typically be conducted via teleconference or video link with a Justice of the Peace within 24 hours of your arrest. The secure ‘video bail’ system links directly from Spyhill to the Calgary Courts Centre (601 5 St SW).

Important: Your family should contact us so that we can inform them where you are (privacy rights mean that only a lawyer can obtain that information).

Bail conditions for assault charges

People who are charged with assault must usually follow several important bail conditions until the trial or sentencing hearing is over, or the court adjusts them.

This is a summary of the likely conditions:

Bail-Conditions

If you break any of these rules, you could get arrested again and have your bail taken away. If bail is taken away, you will have to stay in jail until your trial or sentencing.

“The primary arguments for release at a bail hearing for assault are that it’s a relatively minor offence that is unlikely to happen again, the defendant’s behaviour was out of character due to acute stressors, and that the defendant will attend court to address this matter so they won’t be a flight risk.”

Michael Oykhman, Senior Criminal Defence Lawyer

Navigating the ‘reverse onus’ at bail hearings in 2026

Most assault cases in Alberta are simple assaults, which generally do not require bail hearings.

However, aggravated versions of assault are not only more likely to result in harsher penalties, including a custodial term. They are also more likely to result in detention without bail.

Recent changes to bail laws for the most serious assault offences mean that we might now need to prove why you should be released rather than the prosecution proving why you should be held in detention.

Updates contained in the Bail and Sentencing Reform Act, effective across Canada in 2026, will make bail harder to obtain for offences involving:

  • Repeat offenders,
  • Choking and strangulation,
  • Intimate partner violence, and
  • Weapon use.

In these circumstances, the persuasive skills of our Calgary assault lawyers become even more critical. Without a strong case for release, a defendant will face detention until their case is resolved.

How do we prove self-defence in assault cases?

Self-defence is often valid in simple assault cases in Alberta, and, depending on the circumstances, it might be our best chance of securing an acceptable plea bargain or acquittal at trial for you.

You can legally defend yourself in Canada if:

  • You have reasonable grounds to believe that force (or a threat of force) is being used against you or another person.
  • You intend solely to protect yourself or others (i.e., not revenge or punishment).
  • The force used is “reasonable in the circumstances.”

(Criminal Code, R.S.C. 1985, c. C-46, s. 34)

“Self-defence or ‘consensual fight’ are often the primary arguments used in assault offences when no bodily harm is caused or aggravating factors are present.”

Michael Oykhman, Senior Criminal Defence Lawyer

Other common defences for assault charges 

Depending on the specific facts of the incident, one of our skilled criminal defence lawyers may argue one of several alternative defences to self-defence:

“The actual proof of the identity of the person who is alleged to have committed the assault is often assumed, but is often very difficult to prove.”

Michael Oykhman, Senior Criminal Defence Lawyer

How can you help your lawyer build a defence in a Calgary assault case?

As soon as you are released from detention, gather information related to the allegation to document the history between you and the other party: third-party records, text messages, photographs, video surveillance, eyewitness evidence, etc.

Write a detailed account, including a timeline of everything that happened as soon as possible (a trial may be a year or longer away).

This can all help your lawyer build a defence case.

“Memories typically fade, and the record of events crystallized on paper may be the best record of what happened. Written records can be used either directly to establish your defence or refresh your memory to flesh out a defence at trial.”

Michael Oykhman, Senior Criminal Defence Lawyer

Even if you’re only ‘under investigation’ for assault, speak to a lawyer

If you are currently under active investigation by the Calgary Police Service for an assault, not knowing what happens next can be stressful. Even if you haven’t been charged yet, the best thing you can do is contact a lawyer for immediate, strategic legal advice:

“There are three main parts to that legal advice. One is to ensure that you understand the jeopardy, the process, and the options available to the police, so you have realistic expectations with timelines, scenarios, and consequences. Second, to protect you against self-incrimination during the investigation stage. Third, to liaise with the Calgary Police Service on your behalf to see if criminal charges can be prevented.”

Michael Oykhman, Senior Criminal Defence Lawyer

If you’re charged, a Calgary assault lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your caseto identify the strongest relevant arguments to challenge the assault charge.
  • Gather key evidence, such as police reports, medical records, video footage, witness statements, and expert witnesses, to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Strategic Criminal Defence is based in Calgary, and our lawyers know the local judges and prosecutors and how to approach them. The importance of this should not be underestimated, as it can greatly impact the outcome of your case.

Successful assault cases

Case Number: 753-240449

Our client was charged with a historical assault and assault causing bodily harm against a colleague. The colleague claimed that she was in a romantic relationship, as well as a professional relationship, with our client, when he committed these assaults against her, resulting in her sustaining injuries, which were supported by medical documents. Our client denied the existence of a romantic relationship, and claimed that he had rebuffed the complainant’s romantic pursuit of him, resulting in a campaign of harassment by the complainant against him leading up to the complainant making allegations of assault. The client was an international student who had come to Canada in pursuit of a better life, and faced serious consequences if he was convicted of the charges.

Our client retained Elena Ryland, who conducted a thorough review of the complainant’s allegations, and cross-referenced those allegations with numerous communications that the complainant had sent to our client leading up to the charges. Based on the timeline of the complaint and the communications, Elena Ryland identified a clear motive for the complainant to fabricate the allegations. Through a lengthy cross-examination of the complainant at trial, Elena Ryland highlighted many inconsistencies in the complainant’s evidence before the trial judge. The trial judge ultimately determined that there was a reasonable doubt as to whether our client had caused the injuries to the complainant, and found our client not guilty.

Successful Result: Acquitted At Trial

Case Number: 05040064

Our client was charged with a serious aggravated assault where he was alleged to have stabbed his landlord a number of times after an altercation. If convicted, he would have been facing a maximum of 14 years in Jail. As a young, first-time justice system participant, our client was terrified of the potential consequences. However, he was adamant that he was acting in self-defence.

Upon review of the evidence and after hearing our client’s version of events, Joseph Beller identified a strong self-defence argument. He strategically spoke with the assigned Crown prosecutor in advance of trial and persuaded her that there was no likelihood of conviction as a result of the self-defence argument. She agreed and withdrew the charges without needing to proceed to trial.

Successful Result: Charges withdrawn

Case Number: 55432363

After a verbal argument between the complainant and our client turned physical, our client found himself facing criminal domestic violence assault and choking charges, as well as an Emergency Protection Order. Once retained, we conducted a thorough consultation to understand his situation and the circumstances surrounding the charges. Our client’s top priority was to re-establish contact with his girlfriend and to have the charges resolved without a criminal record.

Upon being retained, our first step was to immediately request the client’s disclosure, gathering all relevant information about the case. During the first court appearance, we successfully advocated for changes to our client’s release conditions, specifically securing permission for electronic communication with the complainant. Shortly afterward, our client informed us that he had reconciled with the complainant, and they were planning to get married in the coming months. However, due to the severity of the choking assault charge, the Crown was initially unwilling to delete the conditions and was still pursuing a criminal conviction against our client. We emphasized both the client’s and the complainant’s wishes to the Crown, highlighting their desire to resolve this matter and demonstrating that securing a conviction was unlikely given the circumstances. Ultimately, we successfully negotiated a peace bond for our client, which resulted in no criminal conviction for him.

Successful Result: No Criminal Record, Charges Withdrawn, Peace Bond.

Case Number: 55582521 

Our client was arrested after being pulled over for an unrelated incident. The assault and mischief occurred in a different town hours before and the perpetrator of those crimes had driven away in the same vehicle as our client. Despite our client claiming he had not been near either of those incidents, he was charged.

Upon being retained, we reviewed disclosure and discovered a significant issue regarding identification. No eyewitnesses could accurately identify our client and the general description was vague. When we brought the matter to trial, the Crown Prosecutor realized that their likelihood of conviction was low due to the identification issue and they immediately withdrew the charge.

Successful Result: Charge Withdrawn; No Criminal Record 

Case Number: 55572277

Our client was charged with two counts of domestic assault after getting into a serious altercation with his spouse. On the date of the offence, the couple began to fight and our client was told to leave the house. Before leaving, the fight escalated to the point that our client struck his spouse once in the jaw, and once in the nose, causing bruising, swelling and bleeding. After being struck, his wife managed to escape from the house and fled to a neighbour’s home where she called the police. Upon arriving, the police arrested our client and found that he had recently been released for committing a previous domestic assault. After the police discovered this, our client was further charged for breaching the terms of his release.

Upon being retained we immediately learned that our client had a lengthy criminal record, and that he would likely be facing a very serious penalty in the event of conviction. We did a detailed review of our client’s disclosure, and were able to find a detrimental weakness in the case against our client. We used this information in subsequent negotiations with the Crown Prosecutor to persuade them to stay all charges against our client prior to trial.

Successful Result: Charges Stayed, No Criminal Record

Testimonials

“I was charged with assault with a weapon and was facing a very uncertain future. Shaun Leochko took over my case and was incredibly thorough. He found inconsistencies in the witness statements that the police had overlooked. Because of his hard work, the Crown stayed the charges, and I am back to work with a clean record.”

T.M.

FAQs

Yes, we have offices in Edmonton and Lethbridge and can represent you wherever you are in Alberta. All our lawyers have extensive experience with these cases and, while every jurisdiction varies slightly in how prosecutors and judges treat assault offences, our approach is usually similar, although it may vary from judge to judge or prosecutor to prosecutor.

Assault need not involve physical contact. You can be charged with assault simply for causing another person to be in fear of getting hurt. If someone is scared enough, even threatening gestures can be considered assault.

It depends. Most simple assault cases will not involve jail time if it is your first offence and you follow the advice of your criminal defence lawyer. However, the law says that you can go to jail for up to a year. Assault with a weapon, assault causing bodily harm, or aggravated assault are far more likely to result in incarceration, sometimes for a lengthy period.

That depends on many circumstances, including the facts of the case, how quickly you contact us after becoming aware of the initial investigation or charge, and whether you choose to follow the legal advice we provide. We win most of the cases we handle, either because we establish a strong defence or because there’s no public interest in proceeding with the case after we’ve implemented a strategic plan for the defendant to improve their standing.
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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: May 4, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410