Aggravated Assault Lawyers Edmonton

Aggravated assault is the most serious of all assault charges. 

In Edmonton, the latest crime statistics suggest that assaults make up over 20 percent of all crimes committed in the city. If you’re facing an assault charge more generally, learn more about assault charges in Edmonton.

Aggravated assault cases, while much less common than simple assault, are part of the trend of a growing serious crime rate in Edmonton, including high rates of sexual assault and other assaults against women, according to the Edmonton Community Vital Signs Report 2018.

The relevant section of the Criminal Code of Canada, states as follows:

According to the Code, a person commits an assault when he applies force intentionally to that other person, directly or indirectly, without their consent.

Assault is considered “aggravated” when it “wounds, maims, disfigures or endangers the life of the complainant.”

Investigation of Aggravated Assault Charges in Edmonton

An investigation of an allegation of assault in Edmonton is typically started by the alleged victim (or relative or witness). They contact the Edmonton Police Service and report it. The police will request a written statement from the complainant or any other witnesses, and launch an investigation.

Because aggravated assault is such a serious offence, it requires a thorough police investigation. Police will typically interview all witnesses to the offence, review surveillance video, of any, seize any weapons involved, photograph the scene and/or injuries, and obtain medical documents to prove the type and extent of the alleged victim’s injuries. 

There is no specialized police unit to deal with these types of charges but the Edmonton Police Service is well equipped to conduct these investigations. It has had an active Violence Reduction Strategy since 2011, which was initiated due to a concern with the amount of violent crime in the city. Considerable manpower has been invested in the strategy.

Once the police have gathered their evidence, they will track you down and arrest you, if you are the alleged perpetrator. You will be taken to a Police District Office for questioning and processing. The police will then decide whether or not to press aggravated assault charges against you. If the allegation involves a peace officer, related charges such as assaulting a peace officer may also arise.

Even if a complainant makes an allegation of aggravated assault that they later withdraw, it’s still up to the Crown Prosecutor to decide whether to pursue the charges against you. The complainant can be subpoenaed to appear in court in aggravated assault cases, even against their wishes.

Bail Process and Conditions for Aggravated Assault Charges in Edmonton

If you are charged with aggravated assault in Edmonton, the court will treat your case as one of the most serious forms of violent crime. Aggravated assault applies when someone causes wounds, maiming, disfigurement, or endangers the life of another person. It is an indictable offence that can lead to lengthy prison sentences and a permanent criminal record. The Crown will often argue that you should remain in custody because the charges suggest a significant risk to public safety.

If bail is granted for aggravated assault in Edmonton, expect extremely strict conditions.

• No-contact orders are automatic. You will be banned from contacting the alleged victim or anyone connected to them, directly or indirectly. This includes texts, social media, phone calls, or having someone deliver messages for you.
• Geographic restrictions are common. You may be prohibited from going near the victim’s home, workplace, or places they frequent within Edmonton or surrounding communities.
• You may be ordered to live at a specified residence and follow a curfew. In many aggravated assault cases, the court imposes full house arrest, allowing you to leave only for medical reasons, court, or legal appointments.
• Weapons prohibitions are mandatory. You will not be allowed to possess firearms, knives, or anything police consider a weapon. All licences must be surrendered immediately.
• Alcohol or drug restrictions are common. The court may require abstinence, random testing, or participation in treatment programs if substance use contributed to the incident.
• You may be required to check in regularly with a bail supervisor or Edmonton Police Service, sometimes multiple times per week.
• Electronic monitoring may be used if the court believes you pose a flight risk or risk to public safety.
• Sureties are often required. These are individuals who supervise you and risk losing substantial money if you breach bail.
• Any breach of conditions can lead to immediate arrest and detention at the Edmonton Remand Centre, along with possible new criminal charges for violating bail.

Aggravated assault cases are complex. They often involve medical evidence, conflicting witness statements, self-defence, intoxication, or spontaneous incidents that escalated quickly. The Crown must prove that the injuries are serious and that you intentionally caused them. A strong defence can challenge the nature of the injuries, credibility of the accounts, and how the situation unfolded.

If you or someone you know is facing aggravated assault charges in Edmonton, speak with Strategic Criminal Defence immediately. Early legal representation can protect your rights, influence bail decisions, and build the strongest defence possible from the start.

For more information, visit our page on The Bail Hearing Process in Edmonton.

Where can I pay for bail for aggravated assault charges in Edmonton?

If you or a loved one is charged with aggravated assault in Edmonton and granted bail, you can pay bail at any bail hearing office (courthouse) in Alberta. Even if you live in Calgary, you can pay bail there for someone detained in Edmonton.

Bail hearing offices in Edmonton are open from 8am until midnight, seven days a week.

The Edmonton Bail Hearing Office is located at:

Brownlee Building
10365 97 Street NW,
Edmonton, AB T5J3W7
Tel: 780-422-3699

You can also make a bail payment 24 hours a day, 7 days a week, at the Edmonton Remand Centre:

Edmonton Remand Centre
18415 127 Street NW,
Edmonton AB T6V 1B1
Tel: 780-638-5100

To pay your own bail, you can make a payment after you appear in front of the arrest processing unit, assuming you have sufficient funds with you to do so.

How do I change my release conditions for aggravated assault charges in Edmonton?

Release on bail with aggravated assault charges will almost always mean either a surety, cash, or a no-cash deposit.

Beyond that, you can expect tight restrictions, including refraining from: 

• Interaction with the alleged victim
• Attending the alleged victim’s home or place of work
• Staying out beyond a certain time (a curfew)
• Breaking any laws
• Using drugs or alcohol 
• Possessing weapons
• Visiting certain places
• Travelling

The judge can also impose some additional conditions such as:

• Residing where approved
• Reporting to probation
• Attending counselling
• Maintaining or seeking employment

A variety of factors will be considered when determining your precise restrictions, including:

• Your criminal history
• Your physical and mental condition
• The nature of the alleged assault
• The likelihood that you will flee 
• Your history of drug/alcohol usage
• whether you have stable employment
• whether you have stable living arrangements
• whether you have ties to the community

In order for your lawyer to secure less stringent conditions, the judge will need to be satisfied that you will attend court as required, and that you pose no significant risk of harm to the public. This may be difficult in an aggravated assault case, but not impossible. 

Our lawyers are often successful at persuading the Crown Prosecutor in charge to let our clients out. Moreover, we will work to secure your release on conditions that are no more than necessary. If we can’t convince the prosecutor, we can conduct a formal bail hearing and work to convince the Court. Even if you are ultimately detained, we can appeal that decision on very short notice though a Bail Review. Such reviews are conducted at the Court of King’s Bench of Alberta.

Penalties for Aggravated Assault Charges in Edmonton

Typically, if you are found guilty of aggravated assault, you can expect much harsher penalties than with a lesser assault. A conviction nearly always results in jail time (no Conditional Sentence Orders – aka “house arrest”). 

You can expect:

• Up to 14 years in jail;
• Up to three years of probation;
• A lifetime ban from owning or possessing any weapons or firearms; and
• An order that you give a DNA sample to the national DNA databank.

Defending Aggravated Assault Charges in Edmonton

What are the best defences to aggravated assault charges in Edmonton?

With such serious penalties, you need a serious defence. In many cases, the best defences challenge the element of acting “intentionally,” “recklessly,” or “knowingly.” 

There are other defense strategies that focus on the technical steps taken by the police during the investigation and evidence-collection process.

Typically, the best defences for an aggravated assault charge are:

• Factual innocence: this is usually the strongest defence because the facts and the evidence do not support you being there, causing the assault, or other basic elements of the case.
• Violation of constitutional rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it will aid your defence. 
• Self-defence: reasonable force can be used to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. No reasonable person would accuse you of aggravated assault if your actions were taken to protect yourself and were not deemed to be disproportionate or “reckless”. Learn more about Self Defence Laws in Canada.
• Defending someone else: reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
• Defending property: reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
• Accident: an accidental assault should not lead to a criminal conviction if it was unforeseeable (which you have to prove).

The Crown may not have to prove that you intended to wound, maim or disfigure someone. If the injury caused was foreseeable and you took the actions despite being aware of the potential consequences, you can be convicted of the crime.

However, the burden of proof remains high for the prosecution. This means that there are many successful defence strategies that our experienced defence lawyers can take, including those outlined above.

Even if the charges proceed and you are found guilty, a good defense can greatly reduce the severity of the consequences (for instance, aggravated assault may be reduced to a simple assault conviction).

Our lawyers will conduct a thorough examination of the police actions and the evidence against you, and call upon medical evidence and witnesses in your defence if required.

How can I help defend aggravated assault charges in Edmonton?

If you have been charged with aggravated assault in Edmonton, the following can help your lawyer build a strong defence:

• Making a statement about what happened
• Collecting and maintaining all documents and records about the event
• Gathering any photographic evidence that you may have
• Logging any relevant texts, emails or phone calls

As soon as you are released on bail, start to gather any information that may be of use to your lawyer.

What can a lawyer do to help me defend against aggravated assault charges in Edmonton?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause.

Some of these include:

• Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events
• Gathering evidence that questions the complainant’s credibility (e.g., they have lied before, or have a motive to fabricate events)
• Gathering evidence that questions the complainant’s or witness’s reliability (e.g., they were drunk or unable to see or recall events)
• Identifying mistakes in the actions of the police, such as Charter breaches
• Uncovering administrative/systemic errors, such as with “Jordan delay”, non-disclosure, lost or destroyed evidence, etc.

What Next?

As discussed, aggravated assault cases are very complex and fact-specific. 

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation. But this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of criminal defence lawyers to conduct a thorough review of your situation so that we can tailor a precise strategy that targets your successful defence.