Calgary Assault Lawyer

What is an Assault in Calgary, AB

Assault is broadly defined under the Criminal Code of Canada as the intentional application of force, directly or indirectly, to another person without their consent. Assault encompasses a wide range of actions, from seemingly minor interactions, such as unwanted touching, to severe cases involving intentional harm or threats of violence. In Calgary, Alberta, the intent behind the act and the context of the incident play a crucial role in legal proceedings. Local courts assess factors such as the nature of the contact, the circumstances surrounding the event, and whether the accused demonstrated intent or recklessness.

Steps to Take If You Are Charged with Assault

What to Do Immediately After an Arrest?

✅ Remain Silent – Do not speak to the police without a lawyer.
✅ Request Legal Counsel – Call Akram Law immediately.
✅ Avoid Contact with the Complainant – Any interaction can worsen the case.
✅ Gather Evidence – Witness statements, photos, and medical records can support your defense.
✅ Secure Employment & Character References – These can support a plea for leniency.

Assault lawyer – Khalid Akram’s Defence Strategies for Assault:

Khalid Akram an experienced Calgary assault lawyer, provides comprehensive and strategic legal defence tailored to your unique case. Since being called to the bar in 2015, Khalid Akram has focused on protecting clients’ rights and working toward the most favourable outcomes possible. Our lawyers use a variety of defence strategies including challenging the Crown’s evidence, arguing for reduced charges or sentences and negotiating plea bargains. Our Calgary assault lawyer will work hard to get you the best result in your case. Strategic Legal Defense by Khalid Akram:

Negotiating Bail & Release Conditions
Challenging Crown Evidence
Cross-Examining Witnesses
Seeking Case Dismissals
Negotiating Plea Bargains for reduced charges
Advocating for Alternative Measures Program (AMP)

If evidence supports the prosecution, Khalid Akram works to negotiate reduced charges, plea bargains, or alternatives like the Alternative Measures Program (AMP), which helps first-time offenders avoid a criminal record. For cases involving self-defence or other justifiable circumstances, he presents strong evidence to support acquittal. If the case proceeds to trial, he uses his experience to build a robust defence, challenging evidence and cross-examining witnesses to prove your innocence.

---

What to Expect in Your Case with our Calgary Assault Lawyer

Initial Consultation

When you engage with our assault lawyer in Calgary, the first step is a free, confidential consultation. During this initial meeting, Khalid Akram will discuss the details of your case, answer your questions, and provide a clear understanding of the legal process. This consultation is crucial for assessing your situation and outlining the next steps in your defense strategy.

Investigation and Evidence Gathering

Following the initial consultation, a thorough investigation and evidence gathering process will commence. Khalid Akram and his team will meticulously review all evidence related to your case, including witness statements, police reports, and any other relevant documentation. This comprehensive review is essential for building a strong defense and ensuring that every aspect of your case is considered.

Court Representation

As your Calgary assault lawyer, Khalid Akram will provide dedicated representation throughout the entire legal process. From preliminary hearings to the trial, you can count on Khalid Akram to advocate on your behalf, ensuring that your rights are protected and that you receive a fair trial. His commitment to exceptional advocacy and strategic negotiation will guide you through each stage of the legal proceedings, aiming for the best possible outcome in your case.

Understanding Calgary Assault Charges

Definition of Assault

In criminal law, assault refers to any intentional and non-consensual physical touching of another person, which can be direct or indirect. Assault does not require actual physical injury but involves the intent to cause harm.

Criminal Code of Canada: Assault

Assault is defined in section 265(1) of the Criminal Code and and the consequences are set out in section 266. Assault can result in serious criminal penalties including jail time, fines and a criminal record.

Intent in Assault Cases

In assault cases intent is a key element. The Crown must prove beyond a reasonable doubt that the accused intended to commit the offence. If the accused did not intend to commit the offence they cannot be found guilty of assault.

Types of Assault

Simple Assault: Simple assault is the least severe form of assault, involving minimal physical force or contact. It typically includes actions intended to cause fear or discomfort without significant injury or the use of a weapon. Simple assault may also include verbal threats. In many cases, the accused may avoid a trial and face a fine or minimal jail time, depending on the circumstances.

Assault with a Weapon: This type of assault involves the use of a weapon, either to threaten or inflict harm. It is treated with greater seriousness due to the increased potential for harm and intimidation. Depending on the severity of the case, penalties can range from minor charges to a maximum sentence of 10 years in prison.

Assault Causing Bodily Harm: When an assault results in significant injuries that go beyond minor bruises or cuts, it is classified as assault causing bodily harm. These injuries must affect the victim’s physical well-being and often lead to harsher legal consequences.

Aggravated Assault: Aggravated assault is the most severe form of assault, involving serious injuries, long-term harm, or disfigurement. This offence often involves the use of a weapon and intentional actions to cause significant harm. Sentences for aggravated assault can reach up to 14 years in prison.

Sexual Assault: Sexual assault occurs when non-consensual sexual activity is combined with threats or acts of violence. The legal consequences are severe, with sentences ranging from 18 months to 10 years in prison, depending on the case’s specifics.

Assaulting a Police Officer: Assaulting or threatening a police officer is treated with significant gravity. The Crown often prioritizes seeking jail time to deter such offences. Penalties include up to 5 years in prison, 3 years of probation, and a record in the National DNA Database, resulting in a permanent criminal record.

How to Defend Against Assault Charges

Common Defense Strategies

Factual Innocence – The accused was not present or did not commit the act.
Violation of Constitutional Rights – If police violated Charter rights, evidence may be inadmissible.
Self-Defense – Using reasonable force to protect oneself.
Defending Another Person – Protecting a third party from harm.
Consent to Fight – If both parties willingly participated in a non-lethal altercation.
False Allegations – Proving inconsistencies in the complainant’s statements.
Accident – If physical contact was unintentional and unforeseeable.

How a Lawyer Can Strengthen Your Defense

Challenging witness credibility.
Exposing inconsistencies in police reports.
Seeking alternative resolutions or case dismissals.

Investigation Process for Assault Charges in Calgary

How Do the Police Investigate Assault Allegations?

Step 1: The Complaint – Assault investigations usually begin when a victim, witness, or third party contacts the Calgary Police Service (CPS).

Step 2: Gathering Evidence:

Interviewing Witnesses – Police take statements from the alleged victim and any witnesses.
Reviewing Surveillance Footage – If available, CCTV footage is examined for evidence.
Collecting Medical Records – If the victim sustains injuries, police may obtain hospital reports.
Physical Evidence Collection – Weapons, clothing, or other physical evidence are gathered.

Step 3: Arrest and Charges – If police believe there is enough evidence, they will arrest the suspect and lay charges.

Step 4: Crown Prosecutor’s Decision – Even if the victim wants to drop charges, the Crown Prosecutor decides whether to proceed based on public interest and evidence strength.

Bail Process and Conditions for Assault Charges

How to Get Bail After an Assault Charge in Calgary?

For minor assault cases, police may release you with a promise to appear in court.
For serious cases (domestic violence, bodily harm, weapon use), a formal bail hearing is required.

The Bail Hearing Process

Bail hearings are held at the Spyhill Services Centre or the Calgary Courts Centre. The judge considers:

Will the accused attend court?
Is there a risk to public safety?
Will detention impact confidence in justice?

Common Bail Conditions

No contact with the victim
Curfew restrictions
Prohibition on weapons possession
Mandatory drug or alcohol abstinence
Travel restrictions

How to Change Bail Conditions

A lawyer can apply for bail modifications if restrictions are too severe.

Penalties for Assault Charges in Calgary

Legal Consequences Based on Severity

Common Assault – Up to 5 years in jail, probation, and fines.
Assault with a Weapon – Up to 10 years in prison.
Aggravated Assault – Up to 14 years in prison.
Sexual Assault – Minimum 18 months to 10 years in prison.
Assaulting a Police Officer – Up to 5 years in prison and a permanent criminal record.

Additional Consequences

Firearm and weapons bans.
DNA registration in the National DNA Database.
Restricted employment opportunities.
Difficulty in international travel.

Our Calgary Assault Lawyers Can Help

If you have any additional questions or need more information about your assault case, contact Khalid Akram, your trusted Calgary criminal lawyer, to schedule a consultation and discuss your legal options.