Assault Lawyer Edmonton

Assault offences in the federal Criminal Code range from simple assault, usually charged as a summary offence, to very serious indictable crimes:

• Assault (Criminal Code Section 266).
• Assault with a weapon (Section 267(a))
• Assault causing bodily harm (Section 267(b))
• Aggravated assault (Section 268).
• Assaulting a peace officer (Criminal Code Section 270).
• Attempted murder (Section 239)
• Choking (Section 267(c) and Section 246)
• Kidnapping (Section 279 (1))

The team at Strategic Criminal Defence will work tirelessly to secure your release and build your defence. In doing so, we will try to prevent the severe consequences of a conviction.

Having served Edmonton for a decade as part of a team that has defended over 10,000 cases across Canada, we have:

• Earned over 140 5-star Google reviews.
• Won the Consumer Choice Award (2025, 2026).
• Achieved a BBB A+ rating.

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What is assault, and how could charges impact your future?

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

The most serious versions of the offence include:

• Assault using a weapon.
• Assault causing bodily harm.
• Assault against a peace officer.
• Assault causing wounding, maiming, disfigurement, or endangerment to life (aggravated assault).
• Trying to kill someone.
• Choking a person to restrain them.

Assault crimes are among the most common to come before the Edmonton courts. Our team has defended hundreds of assault charges. In every case, the main priority is to prevent serious penalties and a criminal record.

Assault offences carry different penalties based on severity and how they are prosecuted.  Here’s an overview of the maximum penalties for the main types of assault offences in Edmonton:

Some assault offences are hybrid (prosecutable by summary or indictment), while others are straight indictable.

Sentences are determined by the court based on:

• The specific facts.
• The offender’s record.
• Other sentencing principles.

Maximum penalties are not routinely imposed, and we will work to prevent them if you are convicted.

However, the criminal penalties are just the start.

Our focus is on working to minimize the risk of a criminal conviction because a criminal record can impact key areas of your life, such as:

• Employment.
• Professional licensing.
• Travel (including to the United States).
• Immigration status.
• Housing.
• Education.

Will you be released after an assault charge?

Our first critical involvement in your assault case may be to help secure your release from custody.

Whether you’ll be released usually depends on:

• The seriousness of the alleged assault.
• Your criminal record.
• Whether you are considered a flight risk or a danger to the public.

Where will you be held after arrest?

You may not be held after being charged. For non-serious, simple assaults, you could be released on:

1. An appearance notice, with an obligation to attend court on a specific date, or
2. An undertaking, which releases you with a set of conditions, such as no contact with the complainant.

For more serious charges or if you have prior convictions, you may be detained and processed at the detachment where you were arrested or transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.

You may be held for a short period at the Edmonton Remand Centre, located at 18415 127 Street NW, Edmonton.

Your lawyer can either meet you there or consult with you by video about your bail hearing and potential release. In Edmonton, the bail hearing office is located at the courthouse across from City Hall, at the West QB Entrance, but most bail hearings are by video conference.

At your bail hearing, we will make submissions for your release. While we will argue for the least restrictive conditions possible, you should expect at least the following bail conditions if you are released:

• Strictly no contact with the alleged victim.
• A ’stay away’ order from certain locations.
• A weapons prohibition.
• Regular reporting to the Edmonton police.
• Alcohol or drug-related conditions.
• Possible curfew or house arrest for more serious offences.

One possible complication is the ‘reverse onus’ requirement. This requires us to prove why you should be released, rather than the prosecution proving why you should be held in detention (as is standard).

Under proposed changes to the bail laws from the Bail and Sentencing Reform Act (Bill C-14), we may need to take extra steps for your release if you are:

• A repeat offender.
• Charged with choking.
• Accused of using a weapon.

If you were already on bail, or the assault charge involves a firearm, the reverse onus is already law under s.515(6) of the Criminal Code.

What’s the first court appearance following an assault charge?

Your ‘first appearance’ will be when your lawyer requests the Crown’s disclosure package containing all the evidence against you, including:

• Police reports.
• Surveillance footage.
• Medical records.
• Forensic evidence, etc.

After receiving this, we will:

• Review the evidence for procedural weaknesses and errors that can form the foundation of your defence.
• Explore resolution options with the Crown, which may provide an opportunity to settle the case without a criminal trial.

What are the main pre-trial resolutions for assault?

We will negotiate directly with the prosecution to seek a withdrawal, reduction of the charge, or other pre-trial resolution.

Depending on the seriousness of the charge, we will try to persuade the Crown to approve:

• Charge withdrawal, if the evidence is particularly weak, the incident was minor, or the complainant does not wish to proceed.
• Peace bond (s. 810) if you agree to keep the peace and abide by certain conditions for a fixed period (no criminal conviction results).
• Alternative Measures Program for less serious, first-time offences, whereby you complete community service or counselling in exchange for a withdrawn charge.
• Plea to a lesser charge if the evidence supporting the charge is strong.
• Conditional discharge, which may be available for less serious offences if you plead guilty (no criminal conviction if you complete probation).

The availability of options depends on the specific facts of your case, the strength of the Crown’s evidence, your prior record, and the position of the complainant.

What are the main defences for assault?

An assault conviction requires the Crown to prove the physical act (actus reus) beyond a reasonable doubt, while proof of criminal intent (mens rea) is required in many forms of assault.

Your lawyer will argue a defence based on the specific assault charge and the precise circumstances of your case. Here’s an overview of the standard defences available for assault:

FAQs

Get the help you need with an assault charge in Edmonton

Even if you haven’t yet been charged, contacting a Strategic Criminal Defence lawyer early can make a critical difference.

If Edmonton Police are investigating an alleged assault, we can advise you on how to protect yourself before charges are laid, including whether to speak to police and what to expect next.

If you’ve already been charged with assault, we will:

• Review the specific facts of your case.
• Assess the strength of the Crown’s evidence.
• Build a defence strategy tailored to your charge.
• Prepare for trial and fight the charge if a satisfactory resolution cannot be reached.

After a decade of representing clients in Edmonton, Strategic Criminal Defence lawyers understand how local courts approach these cases. Our experience can help protect your future.