Criminal Trial Lawyers in Calgary

Facing such high stakes without the skills and experience of a criminal defence lawyer is daunting.

Our criminal trial lawyers are established legal advocates who will defend you against provincial and federal charges within:

• The Alberta Court of Justice.
• Court of King’s Bench.

We help you navigate the complex litigation process, from bail hearings to trial and sentencing, ensuring that your rights under the Canadian Charter are upheld.

Our track record shows 10,000 cases defended, Three Best Rated® distinction for eight consecutive years, two Consumer Choice awards, and over 700 5-star Google reviews.

Clear, flat-fee pricing and flexible payment plans make our criminal trial services affordable for most.

If you’ve been charged with a criminal offence, call for a free, no-obligation consultation to discuss your case.

What is a criminal trial, and what are the potential consequences of a conviction?

Only around one in ten criminal matters are resolved with a criminal trial.

The vast majority of Alberta criminal matters resolve before reaching that stage, through:

• Withdrawal of charges.
• Stay of charges.
• Diversion programs.
• Peace bonds or discharges.
• Guilty pleas.

A skilled Strategic Criminal Defence lawyer can protect your rights from the moment you’re aware of an investigation against you, through the arrest and charge process, release, first appearance, and during the pre-trial stage of the criminal process.

If your case proceeds to a criminal trial, we will then represent you in the courtroom, protecting your freedoms and your future.

What type of criminal offence have you been charged with?

There are three classifications of crimes in the Criminal Code of Canada: 

1. Summary conviction offences: Less serious offences, similar to misdemeanors in the US.
   • Examples: causing a disturbance, trespassing, simple assault (common assault), driving while prohibited.
2. Indictable offences: The most serious offences, similar to felonies in the US.
   • Examples: murder, manslaughter, robbery, sexual assault with a weapon, and large-scale fraud.
3. Hybrid offences: Crimes that can be charged summarily or by indictment, according to the decision of Crown counsel (the most common type of offence in Canada).
   • Examples: impaired driving (over 80), theft under $5,000, sexual assault (basic), possession of a controlled substance.

For hybrid offences, the Crown’s decision of how to proceed will shape the court processes associated with the trial. The decision determines the trial process, maximum penalty, limitation period, record suspension wait time, and sometimes whether mandatory minimums apply:

• For indictable offences carrying a life sentence: You can request a preliminary inquiry, which is a hearing before a provincial court judge to determine whether the Crown has sufficient evidence to put you on trial (as per Bill C-75 (2019)).
• For indictable offences with a maximum penalty of five years or more: You have the constitutional right under s. 11(f) of the Charter to be tried by a jury.
• For less serious indictable offences and all summary conviction matters: The trial proceeds before a judge alone.

What penalties could you face if convicted?

You could face the following potential penalties if convicted of the offence:

*Note: courts have struck down some mandatory minimums as unconstitutional.

How can you avoid jail?

Most first-time offenders don’t go to jail for summary crimes. Sometimes, pre-trial resolutions like peace bonds and the Alternative Measures program (AMP) can prevent a criminal record, and sentences are often in the form of:

• Probation.
• Community service.
• Small fines.
• Conditional discharge.

Despite the impact of Bill C-75, which raised the default maximum for summary conviction offences from 6 months to 2 years less a day, most such offences don’t have a minimum sentence.

Judges can choose how long to sentence offenders. Your Strategic Criminal Defence lawyer will advocate for the least stringent sentence possible if you’re found guilty at trial.

What are the long-term consequences for your future?

The permanent criminal record that accompanies a conviction can lead to long-term consequences beyond the social stigma, such as:

• Difficulty finding employment, as many employers conduct background checks.
• Rejection from housing applications, since landlords often screen for criminal history.
• Loss of professional licenses (medical, legal, teaching, etc.)
• Deportation or denial of citizenship for non-citizens.
• Difficulties with travel (especially to the US)
• Inability to own or possess firearms.
• Restricted access to certain government benefits and public housing.
• Custody and family court disadvantages in divorce or child custody proceedings.

Some convictions have other long-term effects, such as:

• A driving prohibition.
• Registration as a sex offender (SOIRA).
• An order to provide a DNA sample.

What will happen at your criminal trial, and how will we help?

At your trial, the Crown will attempt to prove beyond a reasonable doubt that you committed the offence charged. You are presumed innocent unless that happens.

Strategic Criminal Defence lawyers work in the Calgary courts every day. We know which judges are more likely to be strict or lenient on some issues, and which prosecutors we can approach to talk things over.

Most criminal trials in Calgary are held before a judge only. For jury trials, twelve members of the public are selected and sworn in before the trial starts.

Regardless of the trial type, your defence team will explain the court processes and guide you through the following steps:

• The Crown presents evidence to prove that you committed the crime, often calling witnesses to give their side of the story.
• We usually cross-examine the Prosecution’s witnesses.
• We may bring a motion for a directed verdict, arguing that no reasonable jury or judge could convict on the evidence presented.
• The judge may acquit at that stage without us calling any evidence.
• Otherwise, we will then tell your side of the story, question the Crown’s evidence, and/or provide alternative explanations.
• We may call our own witnesses and technical experts to support your case.
• Both parties deliver closing submissions, summarising the evidence.
• In jury trials, after the judge delivers instructions, the jury retires to deliberate the evidence.
• The judge (or jury) delivers the verdict, and the judge will either schedule a sentencing hearing or deliver the sentence immediately.
• We will make submissions to the judge for the appropriate sentence.

How will we defend you in court?

Every criminal case is unique. Your defence will depend on what you are charged with.

Our team will conduct a thorough review of all disclosure materials, including police reports, witness statements, and evidence, before advising you on the strongest available strategy.

We will discuss all options with you in detail, ensuring you understand the potential risks and outcomes of each approach before any decisions are made.

These are some common defences used in criminal cases in Calgary:

What type of crimes can we handle?

The team of lawyers at Strategic Criminal Defence in Calgary can all defend you at a criminal trial.

View our dedicated lawyer page to learn more about the main focus areas of our lawyers. As a team, we can help you with the following criminal offences:

• Criminal DUI: Including “over 80/0.8”, impaired driving, and refusing to provide a breath sample.
• Domestic violence: Any form of abuse or violence in intimate relationships within a domestic setting, such as assault, harassment, sexual assault, etc.
• Violent offences: All types of assault, homicide, manslaughter, first- and second-degree murder, and robbery.
• Drug crimes: Drug-related crimes, such as possession, trafficking, and production of controlled substances, as well as organized crime.
• Youth offences: We represent offenders under the age of 18 in criminal cases from theft and mischief to assault and drug trafficking.
• Administration of justice: Breach of court orders, obstruction of justice, failure to appear, perjury, etc.
• Criminal driving: Dangerous driving, careless driving, criminal negligence in the operation of a motor vehicle, etc.
• Assault and threats: The use or threat of force against another person, including assault, uttering threats, etc.
• Sexual offences: Sexual assault, sexual exploitation, sexual interference, unwanted sexual touching, etc.
• Property crimes: Theft, fraud, shoplifting, vandalism, arson, possession of stolen property, etc.
• Traffic crimes: Speeding, driving without insurance, racing, leaving the scene of an accident, etc.

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A Strategic Criminal Defence trial lawyer can help you by:

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

If you’ve been accused of a crime in Calgary and are facing a criminal trial, contact us for a free, no-obligation consultation to discuss your case.