Assault

Assault 2020-05-30T04:19:47+00:00

Your Guide to Assault Charges by Assault Lawyers in Edmonton

What is an Assault Charge?

Assault covers a wide variety of violent offences but they all have one thing in common: conviction will have a major impact on the rest of your life.

Assault charges are common in Edmonton and serious offences such as sexual assault have increased in recent years.

Edmonton Assault Lawyers

The Edmonton Police Service takes an innovative and responsive attitude to community policing, with its Neighbourhood Crime Mapping Website actively listing assaults and other crimes according to the neighbourhoods in which they occurred.

Section 265 of the Criminal Code of Canada defines the crime of assault in the following way:

Edmonton Assault Lawyers

By far the most common way of committing an assault is through “the intentional application of force to a person without their consent”. This can range from the act of grabbing someone to much more serious actions, like kicks, punches, and choking.

However, notice that even gesturing to hit someone or confronting someone while carrying a weapon can constitute an assault.

Many assaults occur in the Domestic Violence context. If your matter involves violence in the context of a domestic situation i.e. a child, parent, sibling, wife, girlfriend, or common-law spouse, please review the content under that section as it will likely be more applicable to your case than this general review of assaults.

Also, if your matter involved a more serious assault, such as Assault with a Weapon, Assault Causing Bodily Harm, or Aggravated Assault, please refer to those sections of the website, as the content there will be more applicable to your situation.

Investigation of Assault Charges in Edmonton

An investigation into an assault allegation in Edmonton is typically started by the alleged victim (or relative or witness). They contact the Edmonton Police Service and report it. The police will request a written/video statement from the complainant or any other witnesses, and launch an investigation.

Assault is a serious offence and will require a thorough police investigation with witnesses interviewed, CCTV reviewed (if applicable), and appropriate medical evidence obtained to prove the type and extent of the alleged victim’s injuries. 

There is no specialized police unit to deal with these types of charges but the Edmonton Police Service is well equipped to conduct these investigations. 

It has had an active Violence Reduction Strategy since 2011, which was initiated due to a concern with the amount of violent crime in the city. Considerable manpower has been invested in the strategy.

Edmonton Assault Lawyers

Once the police have gathered their evidence, they will track you down and arrest you, if you are the alleged perpetrator. You will be taken to a Police District Office for questioning and processing. The police will then decide whether or not to press assault charges against you.

Even if a complainant makes an allegation of assault that they later withdraw, it’s still up to the Crown Prosecutor to decide whether to pursue the charges against you. In general, charges are only dropped if:

  • There is insufficient evidence, or
  • It would be contrary to the public interest to prosecute

If charges are pursued, the complainant becomes another witness in the case and can be subpoenaed to appear in court, even against their wishes.

Bail Process and Conditions for Assault Charges in Edmonton

How do I get myself or a loved one out on bail for assault charges in Edmonton?

For most common assaults, the police will generally release you with paperwork to attend court and for fingerprinting, and a formal bail hearing will not be necessary. Where more serious circumstances are involved, like if the charges are domestic in nature, a formal bail hearing may be necessary to secure your release. 

In order to conduct a bail hearing, you will be transferred from the district office to the arrest processing unit in the basement of the Edmonton Police Headquarters. The contact details are as follows:

9620 103a Ave NW
Edmonton, AB T5H 0H7
Tel: 780-421-3333

The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought to the processing unit. 

Loved ones are not able to contact you while you are detained. The police will not release any information to friends or family due to privacy laws. Your lawyer is the only person allowed to contact you. Once the police have verified your lawyer’s details, they will pass on details about your whereabouts, if requested.

Because of these difficulties while you are held in custody, it is best to appoint a competent defence lawyer as soon as possible to manage the legal processes and communicate with loved ones. After an arrest, the police must provide you with the opportunity to call a lawyer in private and, if that happens, stop questioning you.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.  We will immediately do the following:

  1. Call in to the arrest processing unit in Edmonton and speak to you
  2. Contact the prosecutor assigned to the bail hearing to start negotiating your release
  3. Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing. This allows the lawyer to make meaningful representations to the court about why you should be released on bail
  4. Conduct either an in-person or teleconference bail hearing to secure our client’s release

When you attend your bail hearing, the Judge will consider the following factors: 

  • Is detention necessary to secure your attendance in court?
  • Is detention necessary to protect the public from a substantial risk of re-offence
  • Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

Although it is unlikely that you will be denied bail for this type of charge, tight restrictions may nevertheless be applied to your release. 

Rest assured, we will work to not only secure your release but also ensure the least restrictive set of bail conditions (including the minimum cash deposit) possible.

In order for our lawyers to secure less stringent conditions, the judge will need to be satisfied that you will attend court as required and that you pose no significant risk of harm to the public. This may sometimes be difficult in an assault case, but not impossible.

Our lawyers are often successful at persuading the Crown Prosecutor in charge of bail to let our clients out. If we can’t convince the prosecutor, we can conduct a formal bail hearing and work to convince the Court. Even if you are ultimately detained, we can appeal that decision on very short notice through a Bail Review. Such reviews are conducted at the Court of Queen’s Bench of Alberta.

Where can I pay for bail for assault charges in Edmonton?

If you or a loved one is charged with drug trafficking in Edmonton and granted bail, you can pay bail at any bail hearing office (courthouse) in Alberta. Even if you live in Calgary, you can pay bail there for someone detained in Edmonton.

Bail hearing offices in Edmonton are open 24 hours a day, seven days a week. The contact details of the Court of Queen’s Bench of Alberta bail hearing office are as follows:

1A Sir Winston Churchill Square,
Edmonton, AB T5J 0R2
Tel: 780-422-2200

You can also make a bail payment at the Edmonton Remand Centre:

18415 127 Street NW,
Edmonton AB T6V 1B1
Tel: 780-638-5100

To pay your own bail, you can make a payment after you appear in front of the arrest processing unit, assuming you have sufficient funds with you to do so.

How do I change my release conditions for assault charges in Edmonton?

Release on bail with assault charges may mean either a surety, cash or a no-cash deposit. It depends on the seriousness of the charge. 

Beyond that, you may have tight restrictions applied, including refraining from: 

  • Interaction with the alleged victim;
  • Attending the alleged victim’s home or place of work;
  • Staying out beyond a certain time (a curfew);
  • Breaking any laws;
  • Using drugs or alcohol;
  • Possessing weapons;
  • Visiting certain places; and
  • Travelling.

The judge can also impose some additional conditions such as:

  • Residing where approved;
  • Reporting to probation;
  • Attending counselling; and
  • Maintaining or seeking employment.

A variety of factors will be considered when determining your precise restrictions, including:

  • Your criminal history;
  • Your physical and mental condition;
  • The nature of the alleged assault;
  • The likelihood that you will flee; and
  • Your history of drug/alcohol usage.

If you have already been released, at least for the short term, it is very important that you make arrangements to abide by your conditions until they can be changed. Breaching the terms of your release can result in further charges or a revocation of your bail, so be sure to take these conditions seriously.

Once the matter is in court, we can work with the Crown prosecutor to alter your conditions. This includes either adding exceptions to some of the conditions or deleting them altogether. 

If your court date is still far away and you just can’t wait until then, we can arrange to have the matter dealt with sooner. Our first priority is always to stabilize your release conditions. That way, you will not feel pressured to plead guilty because of the restrictive terms of your release. Once the conditions are manageable and minimally intrusive to your daily routine, we can focus 100% of our attention on defending the case.

Aggravated Assault Lawyers Edmonton

Penalties for Assault Charges in Edmonton

In cases of common assault charges, the likelihood of going to jail if convicted is relatively minor if there is no criminal record for similar offences. However, the risk of jail time increases dramatically once charges move from basic assault to more serious versions of the offence or if there are prior convictions. 

For a standard assault conviction, you can expect:

  • Up to five years in jail;
  • Up to three years of probation;
  • Fines of several thousand dollars;
  • A ban from owning or possessing any weapons or firearms for up to 10 years; and
  • An order that you give a DNA sample to the national DNA databank.

In addition to the immediate penalties resulting from a conviction for assault, it can affect your future. You may have trouble finding employment, especially in roles that require working with children, the elderly, or other vulnerable sectors of society. The lifelong criminal record that results from a conviction can also cause problems with immigration and travel.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a criminal conviction for this offence. In fact, we can canvass a range of sentencing options with the prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on Resolutions and other sentencing options.

Defending Assault Charges in Edmonton

What are the best defences to assault charges in Edmonton?

Because witness testimony is often unpredictable, going to trial can be the best option if you are charged with assault.

We will work with the Crown prosecutors to seek a resolution that does not involve a criminal conviction if at all possible. Our defence is often based around challenging the elements of acting “intentionally,” “recklessly,” or “knowingly.” Other defence strategies focus on the technical steps taken by the police during the investigation and the evidence collection process.

Typically, the best defences for assault charges are:

  • Factual innocence: this is usually the strongest defence because the facts and the evidence do not support you being there, causing the assault, or other basic elements of the case.
  • Violation of constitutional rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it will aid your defence. 
  • Self-defence: reasonable force can be used to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. No reasonable person would accuse you of assault if your actions were taken to protect yourself and were not deemed to be disproportionate or “reckless”.
  • Defending someone else: reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
  • Defending property: reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
  • Accident: an accidental assault should not lead to a criminal conviction if it was unforeseeable (which you have to prove).
  • Provocation: if your actions were provoked by the other party, such as with taunts, jibes, or goading, it may assist your defence. 

The burden of proving that an assault was committed remains high for the prosecution. This means that there are many successful defence strategies that our experienced defence lawyers can take, including those outlined above.

Even if the charges proceed and you are found guilty, a good defence can greatly reduce the severity of the consequences. Our lawyers will conduct a thorough examination of the police actions and the evidence against you, and call upon medical evidence and witnesses in your defence if required.

How can I help defend assault charges in Edmonton?

If you have been charged with assault in Edmonton, the following can help your lawyer build a strong defence:

  • Making a statement about what happened;
  • Collecting and maintaining all documents and records about the event;
  • Gathering any photographic evidence that you may have; and
  • Logging any relevant texts, emails or phone calls.

As soon as you are released on bail, start to gather any information that may be of use to your lawyer immediately.

If you are truly proactive about the matter, consider doing the following:

  • Secure proof of employment;
  • Secure reference letters;
  • Enroll in counselling (anger management/substance abuse/parenting);
  • Secure a record of prescriptions; and
  • Secure a record of any mental health conditions you suffer from.

These steps can be very helpful to building an effective defence (or convincing the prosecutor to drop the charges altogether).

What can a lawyer do to help me defend against assault charges in Edmonton?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause. Some of these include:

  • Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events;
  • Gathering evidence that questions the complainant’s credibility (e.g., they have lied before, or have a motive to fabricate events);
  • Gathering evidence that questions the complainant’s or witness’s reliability (e.g., they were drunk or unable to see or recall events);
  • Identifying mistakes in the actions of the police, such as Charter breaches; and
  • Uncovering administrative/systemic errors, such as with “Jordan delay”, non-disclosure, lost or destroyed evidence, etc.

What Next?

Most of the information above relates to simple assault cases, which can still be complex and fact-specific.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation. But this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of Assault Lawyers to conduct a thorough review of your situation so that we can tailor a precise strategy that targets your successful defence.

Get A Free Consultation

Receive a free consultation to discuss your case.

  • This field is for validation purposes and should be left unchanged.

We value your privacy, all information is kept strictly confidential.


Colten Perozak
Colten Perozak
15:16 20 May 20
I was represented by Anny Wang for my failure to blow case. She was very professional and attentive. In the end, she... did exactly what was required and I highly suggest anyone with a similar case to contact Anny. You won't regret it.read more
Katie Duncan
Katie Duncan
21:46 06 Apr 20
Everyone i interacted with here was extremely friendly and helpful. Anny Wang helped me feel at ease about my situation... that all of the other lawyers i consulted with did not. Overall my experience here was concise and clear, and I ended up with the best outcome I could've hoped for. She even offered to lower her pricing because of my financial situation. I highly recommend seeing them if you need a lawyer!read more
Denber Perez
Denber Perez
23:05 05 Apr 20
Dealing with Anny Wang was a pleasure. They stood out of all the firms I talked to and now I know I made the right... choice. Exceptional and outstanding. Everything was straight forward, I was always informed of everything going on. Highly recommend them.read more
Jenna Keiller
Jenna Keiller
12:25 12 Mar 20
Savage Oykhman Law has a fantastic team of hardworking experts, who cared greatly for my case, as I know they will for... your's as well. Daniel Murphy sympathized with my circumstances, while advocating with determination for a reasonable judgement. As I agreed with the professionalism of Daniel Murphy and his assistant Christine, and their consideration towards the sensitivity of my unfortunate circumstances. It was worth giving them the chance to solve my issues, to my surprise, they went above and beyond my expectations, while keeping my mind level throughout the process. My charge ended up being dropped. I honestly cannot thank-you enough, for all your hard-work and help!read more
Leon B
Leon B
19:01 24 Feb 20
This firm is awesome! Dan Murphy represented me he addressed any doubts I had about my case and gave me the correct... legal advise when I asked him. The staff is very friendly and helpful. Dan Murphy got my charges dropped within months and for that I would say hes not only a winner but a Champion! I am so glad I had him representing me!read more
Eddie Tyre
Eddie Tyre
00:31 14 Feb 20
Anny Wang is a pleasure to work with! I had consulted with a few lawyers prior to meeting with Anny Wang, and she... definitely stood out. She is unassuming, knowledgeable, and gives concise advice to move forward. She provided diligent updates and resolved the issue much quicker than expected. She truly takes care of her clients. Highly recommended!read more
Kang Danielle
Kang Danielle
17:09 21 Nov 19
Dan Murphy gave me the best option so everyone involved didn’t have to waste their time. It was super easy from the... beginning to the end, and I’m very pleased with the way it turned out. The staff are very professional and attentive to meet your needs. I hope you don’t have to meet a lawyer, but if you do, I highly recommend this firm.read more
Chris Edmonton
Chris Edmonton
19:17 19 Nov 19
I was represented by Anny Wang (and Danielle) and both were a pleasure to deal with! My case was withdrawn in the end... after their hard work and recommendations. She was easy to deal with, went into thorough details and whenever possible, reached out to myself with updates. In general though, everyone at Savage Oykhman were easy to deal with, including the front desk. While I hope to never run into needing their services, don't hesitate reaching out to Anny for any issues you may run into, I will certainly be keeping her card! Definitely earned the 5 star review and praise.read more
TJ Cekic
TJ Cekic
17:38 04 Nov 19
Anny Wang is amazing! My case got completely thrown out. She is compassionate, amazing and very well educated in many... fields of law. The whole team at Savage Oykhman Edmonton is absolutely amazing and helpful. I would recommend this law firm to absolutely anyone!! I give them a 5+++ rating. Absolutely amazing.read more
Next Reviews


Lawyer-lookup

Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation