It’s stressful to face an assault charge that can affect your job, travel plans, and reputation for years.

Strategic Criminal Defence has helped people in difficult situations across Greater Victoria and Vancouver Island since 2021. We work to reduce your charges, get you into a diversion program, or win at trial.

Our team, led by Julia Hunter, offers:

  • 40+ combined years of criminal defence experience.
  • 75+ five-star Google reviews from past clients.
  • Dedicated service in hundreds of cases in British Columbia.
  • 24/7 availability for urgent arrests and bail hearings.

We focus only on criminal defence.  You have our complete attention.

What should you do next?

If you’ve been accused of, or charged with, assault, these should be your first actions:

  1. Say nothing to the police beyond identifying yourself.
  2. Ask to speak with a lawyer before giving any statement or answering questions.
  3. Preserve evidence, including text messages, photos of any injuries, and the names of witnesses.
  4. Contact us before your first court date.

We can assist with your release and start building your defence early, rather than after charges have hardened. This gives your lawyer the best possible starting position when negotiating with the Crown.

Contact us for a free, no-obligation consultation.

What counts as assault under Canadian law?

Under section 265 of the Criminal Code, assault happens whenever someone applies force to another person without their consent, or threatens to, even if they are not physically injured.

Assault is one of the most common police-reported offences in Canada. However, the specific charge depends on what happened:

CHARGE (CRIMINAL CODE SECTION) WHAT IT USUALLY INVOLVES MAXIMUM PENALTY
Common assault (s. 265, 266) Pushing, slapping, spitting on someone, or threatening to hit them. 5 years in prison (indictment) or 2 years less a day (summary).
Assault with a weapon or causing bodily harm (s. 267) Choking, using an object as a weapon, or causing an injury such as a broken bone. 10 years in prison (indictment) or 2 years less a day (summary).
Aggravated assault (s. 268) Wounding, disfiguring, or endangering someone's life. 14 years in prison (indictment only)

The Crown decides how to prosecute most assault cases. The choice between a summary prosecution (for less serious offences) and an indictment has a major effect on the sentence you are facing.

Aggravated assault is a straight indictable offence. It is the most serious type of assault. Regardless of the charge, our team will work to prevent the worst consequences for your future.

What could an assault conviction cost you?

A conviction for assault does more than risk jail time, including a criminal record that can:

  • Show up on background checks.
  • Limit employment opportunities.
  • Limit your ability to travel to the United States and elsewhere.
  • Affect custody or immigration proceedings.
  • Lead to a weapons prohibition order under the Criminal Code.

Even a single conviction as a young adult can follow you for decades unless it is later pardoned.

How can Strategic Criminal Defence help?

If you’ve not yet been charged with assault, pre-charge legal advice from a Strategic Criminal Defence lawyer can help.  We can protect your rights and prevent you from saying or doing anything that could implicate you or worsen your situation.

An investigation into an assault usually begins with one of the following acting on a complaint:

  • The Victoria Police Department.
  • Saanich Police.
  • Oak Bay Police.
  • Central Saanich Police.
  • The West Shore RCMP, covering Langford, Colwood, View Royal, Metchosin, and Highlands.
  • The Sooke RCMP, covering Sooke and the surrounding area out to Port Renfrew.

If the police arrest and don’t release you, you will typically be held at the Vancouver Island Regional Correctional Centre on Wilkinson Road until your bail hearing.

Bail for arrests late on a Friday or over a weekend is usually handled by phone through a Justice of the Peace at the Justice Centre, rather than in person.

If you haven’t already hired a lawyer, doing so at this stage can help you manage the legal processes and communicate with loved ones.

At your bail hearing, your Strategic Criminal Defence lawyer works to secure your release. We fight for the least restrictive conditions possible in your case.

However, if released, you will usually need to keep the peace and:

  • Refrain from interacting with the complainant.
  • Keep away from the complainant’s home or place of work.
  • Report to a bail supervisor.
  • Follow any other conditions set by the judge.

After your release, we can get to work on:

  • Reviewing the evidence against you.
  • Identifying the strongest defence for your case.
  • Attending all necessary court hearings with you.

Will your case go to trial?

Not necessarily. In fact, most cases across Canada don’t go to trial. That’s only one possible outcome, and often not the most likely one.

Most assault charges are heard by a judge alone in Provincial Court. In Victoria, this happens at the Victoria Law Courts, 850 Burdett Avenue. Serious charges, like aggravated assault, may go to the Supreme Court of British Columbia instead. That court usually sits in the same building. Some of these trials use a jury. We prepare every case as if it may go to trial, so you’re never caught off guard.

Where appropriate, we can immediately pursue a diversion program or a peace bond to help you avoid a formal criminal record. That’s more likely if it is your first offence.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“Five stars without hesitation”

“Julia Hunter handled my case with the kind of precision and calm that makes you wonder if they secretly practice law in their sleep. From the first meeting, they explained every option in plain English (a rare miracle in this profession), stayed reachable, and never once treated me like a case file with a pulse. The strategy was smart, the preparation was thorough, and the result was better than I had any right to expect.”

A.W.

“Deep expertise and professionalism”

“Working with Julia Hunter was an exceptional experience from start to finish. She brought not only deep expertise and professionalism to my case, but also genuine care and dedication that made a stressful situation much easier to navigate… Beyond her skills, she showed a level of empathy and understanding that truly set her apart. I never felt like just another client—she treated my case with importance and respect.”

S.T.

“Incredible to work with”

“Julia was incredible to work with. She guided me through everything, always quick to respond and easy to reach. She was super professional, totally knew the outcome, and no surprises. She got me through a tough time, and I absolutely recommend Julia and her team!”

M.B

What defences could we use in your assault case?

Senior lawyer Julia Hunter spent years working inside the Crown Prosecution Service and Judges’ Chambers. She now uses that insider knowledge of prosecution tactics to build stronger defences.

Every assault file is different, but a strong defence usually starts with one of the following:

  • Self-defence, where you used a reasonable amount of force to protect yourself or someone else.
  • Lack of intent or mistaken identity, especially in chaotic or poorly witnessed incidents.
  • Charter violations, such as an unlawful search, an improper arrest, or a delayed right to counsel.
  • Consent, which can apply to contact sports or mutual altercations, though not where serious harm results.

We review the disclosure from Crown counsel line by line. That way, we can identify which defence fits, and whether the evidence against you can stand up in court.

Frequently asked questions

Not necessarily. If injuries are minor, first-time common assault charges are often resolved through diversion, a peace bond, or a conditional discharge. Jail becomes more likely as the level of violence, weapon use, or your criminal history increases.

Simple assault does not require an injury, while assault causing bodily harm does. It requires an injury that is more than trifling, such as a bruise, cut, or broken bone. The maximum penalty jumps from 5 years to 10 years accordingly.

Yes. In Canada, the Crown, not the complainant, decides whether to proceed with an assault charge. Many cases continue even when the complainant asks to drop them, so you still need a defence strategy.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 13, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.