If you’ve been accused of simple assault in Calgary, you face a real threat of:

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

For very serious versions of assault (with a weapon, causing bodily harm, aggravated assault, and choking), lengthy prison terms are frequently issued, while attempted murder and manslaughter convictions can lead to life behind bars.

At Strategic Criminal Defence, our assault lawyers can provide the aggressive advocacy required to navigate Alberta’s assault laws.

We‘ve defended over 10,000 criminal cases in the past two decades, and:

  • Received over 700 5-star Google reviews
  • Won the Consumer Choice Award: 2025, 2026.
  • Earned Three Best Rated® status for criminal defence for 8 consecutive years.
  • Earned BBB A+ Rating.

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

If you’ve been accused of assault under Section 266, 267, or 268 of the Criminal Code, speaking to an assault lawyer will help with:

  • Understanding the charges.
  • Preserving key evidence.
  • Arranging your release.
  • Working on your defence.
  • 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, no-obligation 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

How long will you be held, and what are the 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 work to identify and pursue the strongest available options for your defence.

What are the best- and worst-case scenarios for assault?

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 two years less a day in jail still exists, and the outcome of a conviction can still be life-changing.

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

An attempted murder or manslaughter conviction carries the possibility of life imprisonment.

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

What happens in the first 24-48 hours after an assault investigation, arrest, and 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 held before a Justice of the Peace at the Calgary Courts Centre (601 5 St SW). This will typically be conducted via teleconference or secure video link directly from Spyhill, within 24 hours of your arrest.

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).

What are the 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.

The conditions vary, but here’s a summary that may apply to your assault charge:

CONDITION CATEGORY LEGAL REQUIREMENT? REAL-WORLD EXAMPLES & DETAILS
Non-Communication A complete ban on contacting the alleged victim. You cannot call, text, email, message via social media, or send third-party messages (e.g., through a friend or family member) to the person you are accused of assaulting.
Non-Attendance / Restricting Movement A 'stay-away' order from specific locations. You must remain a specific distance (e.g., 100 meters) from the alleged victim's home, school, place of work, or any place you know them to be.
Weapons Prohibition A total ban on possessing firearms or weapons. You are forbidden from owning, possessing, or having "care or control" of any firearms, ammunition, or weapons (e.g., hunting knives). You may be required to surrender any registered guns to the police within 24 hours.
Regular Check-Ins (Reporting) Mandatory meetings with a bail or probation officer. You must report to a designated bail officer or police station at set intervals (e.g., every Tuesday at 9:00 AM) to verify your whereabouts and confirm you are following all conditions.
Curfew / House Arrest Restrictions on being outside during specific hours. You may be required to remain inside your residence between certain hours (e.g., 10:00 PM to 6:00 AM), with exceptions for work or medical emergencies. Police may conduct random "curfew checks" by coming to your door.

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

Can you get bail for more serious assault charges?

For very serious offences, like aggravated assault, attempted murder, or manslaughter, you may not be released on bail. Detention before your trial is the likely default for such offences.

Proposed changes to the bail laws under the Bail and Sentencing Reform Act (Bill C-14) mean that we may need to prove why you should be released, rather than the prosecution proving why you should be held in detention

If passed, this ‘reverse onus’ will apply to:

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

If you were already on bail when charged, or the charge involves a firearm or is connected to organized crime, the reverse onus is already law under s.515(6) of the Criminal Code.

That said, even defendants facing murder charges are entitled to reasonable bail in certain circumstances, but this is the exception rather than the rule.

The serious nature of the charge and the potential perceived risk to the public means that if you are released, the bail conditions are likely to be the harshest possible, such as:

  • Strict house arrest
  • Electric monitoring.
  • A substantial surety.

Without an experienced lawyer making detailed submissions, detention until trial (often 12–24 months in the remand centre) is the standard outcome for the most serious assault offences.

How do we prove self-defence in assault cases?

Self-defence is often valid in simple assault cases in Alberta. 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

What are the other main defences for assault?

Depending on the specific facts of the incident, your criminal defence lawyer may argue one of several alternative defences for assault:

DEFENCE TYPE LEGAL BASIS / PRINCIPLE REAL-WORLD EXAMPLES & KEY REQUIREMENTS
Defending Others Preventing harm to a third party: You used reasonable force to stop someone from being injured.

Requirement: You must have had a reasonable belief that the person was in imminent danger.

Example: Stepping in and physically restraining someone about to strike a child. The force used must still be proportional.
Consent Voluntary agreement: The alleged victim agreed to the physical contact.

Requirement: The contact must not have exceeded the scope of what was agreed to. Legally, a person cannot consent to serious bodily harm.

Example: Physical contact standard during a hockey or soccer game, or during a valid medical procedure.
Accident Lack of intent (no mens rea): The physical contact was unintentional and did not involve criminal negligence.

Requirement: There must be no 'careless actions' or 'intent to hurt.'

Example: Accidentally bumping into someone in a crowded subway station, causing them to fall.
Mistaken Identity Factual error: The person accused is simply not the person who committed the assault.

Requirement: Proving you were not the perpetrator, often using alibi evidence.

Example: Security camera footage or eye-witness testimony placing you at a different location (an alibi) at the exact time the assault occurred.

“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, including: 

  • Third-party records.
  • Text messages.
  • Photographs or smartphone video.
  • 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 case to 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 lawyers are based in Calgary and understand how local courts approach assault cases. We will use this experience to help protect your future.

“The difference between good lawyers and great lawyers is that the great lawyers know the individual characteristics of the judge or prosecutor assigned to their case, and approach each prosecutor or judge according to their characteristics, to secure the best result for their clients.”

Michael Oykhman, Senior Criminal Defence Lawyer

Successful assault cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 55572301

Our client was charged with assault causing bodily harm after an altercation at a bar, which left the complainant with a concussion. At the time of the incident, our client was on probation at his new job. As a result of the criminal charge, he lost his position. If convicted, our client faced significant penal and employment consequences.

Upon being retained, we learned that our client’s employer would be willing to reinstate him so long as he did not receive a criminal record. We ordered disclosure, helped our client enter into anger management, and began negotiations with the Crown Prosecutor. We informed the Crown of our client’s mitigating circumstances and the actions he was taking to address the issue. Based on this and the fact that the complainant did not wish to proceed, the Crown agreed to withdraw the charge.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 05040064

Our client was charged with a serious aggravated assault where he was alleged to have stabbed his landlord several 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 the 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: 55592567

Our client was charged with assault following an altercation with a man after a hockey game. The two were exchanging verbal insults when the complainant got into his own vehicle. Our client pulled him out of the vehicle, and both parties began to push each other. Our client punched the complainant in the head, at which point he poked our client in the face numerous times to push him away. Our client was arrested at the scene and charged with assault.

Upon being retained, we requested disclosure and documentation from our client, including media on the incident, emails and texts relating to it, and character references. We provided these to the Crown Prosecutor and pointed out several mitigating factors about our client. As a result, the Crown agreed to withdraw the charge in exchange for a letter of apology to the complainant and a donation from our client to a charity of his choice.

Successful Result: Charge Withdrawn; Alternative Measures; No Criminal Record

Case Number: 751873

Our client was charged with aggravated assault after he got into a heated argument with his partner. The argument escalated, and our client pulled his partner to the ground, put his full weight on her, and continued to slap and kick her. His partner was transported to the hospital, where it was reported that her liver was bleeding due to the assault, in addition to other, more minor injuries.

Upon retaining us, we immediately reviewed disclosure and assisted our client with developing a comprehensive assessment and treatment plan. We ordered psychiatric reports and pre-sentence reports, and identified all weaknesses and inconsistencies in the Crown Prosecutor’s case. Despite the fact that the Crown was initially seeking jail time, due to the strength of our anticipated defence, we were able to successfully persuade them to join us in an application for an 18-month conditional discharge instead.

Successful Outcome: Conditional Discharge, 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. However, the Crown must prove that the complainant reasonably believed force was imminent.

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 two years less a day for a summary offence. 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 many cases, 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.

No. Choking is not considered simple or even aggravated assault. It now has its own subsection (Section 267(c)) within Section 267 of the Criminal Code, which also covers assault with a weapon and assault causing bodily harm.

Choking is especially serious in domestic settings and carries more severe penalties than simple assault (up to a 10-year prison sentence on indictment and 2 years less a day on summary).

There is a second distinct choking offence under s.246 (overcoming resistance to commit an indictable offence), which carries a maximum of life imprisonment. This may be charged in domestic violence and sexual assault cases, where choking is used to incapacitate a victim.

Attempted murder requires proof that the accused specifically intended to kill the victim, while manslaughter involves causing a death without that intent, typically through an unlawful act or criminal negligence.

If you’ve been charged with any type of assault in Calgary:

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 7, 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