Assault & Domestic Assault Lawyers in Edmonton

Verdicta LLP's assault lawyers in Edmonton defend clients charged with common assault, assault causing bodily harm, assault with a weapon, aggravated assault and domestic assault in the Alberta Court of Justice and the Court of King's Bench.

Assault charges we defend

• Common assault
• Domestic / intimate partner assault
• Assault causing bodily harm
• Assault with a weapon
• Aggravated assault
• Assaulting a peace officer
• Uttering threats

Types of assault charges

Under the Criminal Code, assault is the intentional application of force to another person without their consent — or an attempt or threat to do so. The seriousness of the charge depends on the circumstances:

• Common assault (s. 266) — the most frequently laid assault charge.
• Assault with a weapon or causing bodily harm (s. 267) — where a weapon (or an imitation) was used or threatened, or the injury was more than trivial.
• Aggravated assault (s. 268) — where someone is wounded, maimed, disfigured or their life is endangered.

Most assault charges are hybrid offences: the Crown chooses whether to proceed summarily or by indictment, which affects the maximum penalty and where the case is heard.

Domestic assault

When an assault allegation involves a spouse, partner or family member, police in Alberta generally lay a charge where they believe they have reasonable grounds — even if the complainant does not want charges. Release conditions commonly include no contact with the complainant and staying away from the family home, which can separate you from your home and children while the case is ongoing. We move quickly to seek workable conditions and, where appropriate, variations to release terms.

Possible defences

• Self-defence or defence of others — force that was reasonable in the circumstances
• Consent — in limited situations such as sports or consensual activity
• Credibility and reliability — inconsistencies in the complainant's or witnesses' accounts
• Identity and evidence — whether the Crown can prove who did what
• Charter breaches — unlawful arrest, detention or statements taken without access to a lawyer

Outcomes that avoid a conviction

Depending on the facts and your history, an assault charge may be resolved through a withdrawal, a stay, a peace bond, diversion (alternative measures), or an absolute or conditional discharge — outcomes that avoid a criminal conviction. When a case goes to trial, we prepare thoroughly and cross-examine carefully.