Assault Arrests in Calgary

Individuals facing assault arrests in Calgary should contact a criminal defence lawyer. Assault charges can carry serious consequences, potentially impacting your employment, relationships, and personal freedom. Whether you are facing a summary or indictable offence, working with an experienced assault defence lawyer can help ensure your rights are protected.

Some people decide not to hire a lawyer because they know they are innocent. Even if you are innocent, you should contact a lawyer to assist you in preparing your defence. A lawyer can ensure you advance the strongest case, marshaling the evidence in a manner that highlights your innocence.

What Is Considered Assault?

In Canada, assault is defined under Criminal Code § 265. A person could be charged with assault if they intentionally apply force to another without consent. They can also be charged with assault if they attempt or gesture in a way to cause another to believe they will be harmed. No actual physical contact needs to occur for one to face assault charges.

In Canada, there are several types of assault charges an individual may face. One of the most prominent is common assault, which is the least severe charge. Common assault typically involves minor contact where the recipient of the contact does not suffer any harm. More serious types of assault include:

Each charge carries its own legal consequences, so it is important to consult a lawyer as soon as possible after you are arrested for assault in Calgary.

Potential Penalties for Assault Charges

Assault charges can carry serious penalties depending on the classification of the offence. Assault offences can be prosecuted either summarily or by indictment. The Crown decides based on the severity of the alleged offence and the accused person’s background.

In addition to jail time, those found guilty of assault may face probation, mandatory counselling, restraining orders, or a criminal record that can affect travel and employment opportunities. These are serious consequences, so hiring a Calgary defence lawyer is crucial for those who want to protect themselves from assault charges.

Common Defences to Assault Charges

A lawyer from Browne Criminal Defence can explore various defences depending on the facts of the case. For instance, a lawyer may advance the defence of self-defence, meaning that the accused believed they were under threat and therefore responded with reasonable force. For example, it is lawful to punch someone who is actively attacking you. Additionally, assault charges require intentional violence or an intentional threat of violence. If the incident was accidental or misinterpreted, this may be a valid defence.

Calgary lawyers also consider violations of Charter rights during an assault arrest. For example, if the police did not follow proper procedures, the lawyer may argue to have evidence excluded. In some cases, they may be able to have the charges dismissed altogether.

Consult With a Calgary Attorney After Being Arrested For Assault

Assault arrests in Calgary can be overwhelming. Whether you have faced charges before or you are navigating the court system for the first time, you should not try to do it alone. A lawyer can review evidence, identify weaknesses in the case, prepare a strong trial strategy, and negotiate a favourable resolution.

If you or a loved one has been arrested for assault, seek legal advice immediately. The consequences of an assault conviction can be serious, but a strong legal defence can make a big difference. Contact Browne Criminal Defence today to discuss your case.

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