Calgary Assault on a Peace Officer Lawyer

While many Canadians view peace officers and police officers as the same, peace officers may include customs officers, officers of the Canadian Forces, or the Royal Canadian Mounted Police. In fact, any public servant may be considered a peace officer if they enforce federal revenue, customs, trade, and navigation laws. Other officials, such as mayors, sheriffs, prison guards, bailiffs, justices, and military personnel, fall under the definition of peace officers. If you live in Calgary and are accused of assaulting a peace officer, you should contact a Calgary assault on a peace officer lawyer as soon as possible to maximize your chances of securing the best possible result. An assault charge lawyer can help you explore your legal options and present the most effective defence.

Elements of Assault

Assault is the intentional application of force on another individual without their consent, including an attempt or threat to do so. People do not have to use force to be convicted of assault. If they threaten someone by an act or gesture, they may be guilty of assault if others believe they can carry out the threat. Carrying, wearing, or displaying a weapon as a method of intimidation may also be considered assault.

To be convicted of assaulting a peace officer, the Crown must prove that the accused used non-consensual force against a peace officer and that the accused knew or should have known the complainant was a peace officer. If the assault involved a weapon, the individual’s prison sentence may be a maximum of five years. However, prison terms can range from two to 14 years, depending on the degree of harm. An assault on a peace officer lawyer in Calgary can help determine the severity of your charges and identify potential defence strategies.

Penalties for Assault

Assaulting a peace officer is a hybrid offence. This means that depending on the severity of the assault, the Crown may prosecute it as a summary offence or by indictment. Summary offences are for minor infractions and are heard in provincial courts without a jury. They carry a maximum sentence of just under two years. Indictable offences are more serious crimes and are tried in a higher court with a jury. If convicted, the maximum sentence depends on the type of assault.

Canada recognizes three types of assault on a peace officer:

• Assaulting an Officer: This category assumes the officer is not harmed and can be pursued as a summary indictable offence.
• Assaulting an Officer with a Weapon or Causing Bodily Harm: Using a weapon or causing bodily harm to an officer increases the maximum sentence to 10 years. The Crown may choose to proceed summarily or by indictment
• Aggravated Assault of an Officer: This is a straight indictable offence, which carries a maximum sentence of 14 years in prison.

If you are accused of assaulting a peace officer in Calgary, speak with a knowledgeable assault on a peace officer lawyer for potential next steps.

Defending Against Assault Charges

Defence lawyers can help those accused of assault by gathering evidence and conducting an investigation to prepare a strong defence. They can negotiate with the Crown for a reduced sentence or represent the accused at trial.

Charges Withdrawn

In assault cases where no one was injured, the Crown may agree to participation in the Alternative Measures Program instead of a trial. In alternative measures, the accused can perform tasks such as community service. If alternative measures are successfully completed, the charges against you are dropped.

Depending on the nature of the charges, a peace bond may also be an option. A peace bond is a court order that requires the accused to do or not do specific things. It may require counselling or other treatments, along with avoiding specific people or locations. If you enter into a peace bond, the charges against you will be withdrawn.

Trials

Alternative measures programs or peace bonds may not be available to everyone accused of assaulting an officer. In those instances, a trial may be the appropriate action. A lawyer can explain the legal process and help prepare a strong defence for trial.

Each assault case is unique and requires a personalized approach. An assault on a peace officer lawyer can review the specific facts of your case and gather evidence to avoid a conviction in Calgary.

Meet With a Calgary Assault on a Peace Officer Lawyer Today

If you have been accused of assaulting a peace officer, it is essential to enlist the help of a Calgary assault on a peace officer lawyer to discuss your legal options. They can work with the Crown to achieve a favourable outcome. If a favourable resolution cannot be reached, they can advance a strong defence at trial. Schedule a free case evaluation today.