Assault Defence Lawyer
We stand with you against assault allegations, ensuring your voice is heard in the legal process.
When facing assault charges, you need someone who sees the whole picture, not just the allegations.
Understanding Assault Charges and Your Rights
Assault charges in Alberta are serious criminal offences governed by the Criminal Code of Canada. These charges can result from various situations, including physical altercations, threats, or incidents where no physical contact occurred.
A conviction can lead to a permanent criminal record, imprisonment, fines, and other restrictions that affect your freedom and future opportunities. Many assault cases involve complex circumstances, including self-defence, consent issues, or mistaken identity.
We work diligently to examine all evidence, identify weaknesses in the prosecution's case, and develop effective defence strategies tailored to your specific situation.
Understanding the Different Types of Assault
Assault charges can have serious consequences. It's crucial to understand the distinctions between various types of assault to effectively defend against them.
Assault (Criminal Code s 265)
Assault is the most common charge and occurs when a person intentionally applies force to another person without their consent, attempts or threatens to apply force, or accosts or impedes another person while openly wearing or carrying a weapon.
Penalties for Assault in Alberta
Summary conviction: Up to 6 months imprisonment and/or a $5,000 fine
Indictable offence: Up to 5 years imprisonment
A permanent criminal record
Probation and possible conditions
Potential firearms prohibition
Assault with a Weapon or Causing Bodily Harm (Section 267)
This charge applies when an assault is committed with a weapon or causes bodily harm to the complainant. The term "weapon" has a broad definition and can include everyday objects used to threaten or harm someone.
Penalties for Aggravated Assault in Alberta:
Maximum of 10 years imprisonment
Potential mandatory minimum sentences
Probation with strict conditions
Permanent criminal record
Weapons prohibition
Aggravated Assault (Section 268)
Aggravated assault involves wounding, maiming, disfiguring, or endangering the life of another person. This is considered one of the most serious assault charges.
Penalties for Aggravated Assault in Alberta:
Maximum of 14 years imprisonment
Mandatory minimum sentences if weapons were involved
Permanent criminal record
Firearms prohibition
DNA order
Our Assault Defence Process
We approach each assault case with a proven methodology developed through years of criminal defence experience. From immediate intervention after charges to strategic representation in court, we guide you through every step of the legal process while protecting your rights and pursuing the best possible outcome.
Free Consultation
We begin with a thorough discussion of your case to understand the full context of your situation. During this meeting, we listen to your concerns, review available documentation, and explain potential approaches to your legal matter. This foundation allows us to develop a relationship based on understanding and trust.
During this meeting we discuss fees and a budget that can work with your financial situation.
Obtain and Review Disclosure
The first step when someone is charged with a crime is to find out exactly what the Crown is going to try to use against you. This sometimes takes months of diligent inquiry and follow-up.
Once we obtain the Crown’s disclosure file, we sit down with you to discuss the best way to proceed with your defence. Sometimes, this is by way of a quick resolution to a favourable Crown offer; other times, it is by proceeding to trial.
Plan the Defence
If we proceed to trial, we lay out the best defence strategy well in advance, so we have a clear picture of where we are headed.
This includes planning all pre-trial applications (for instance, to introduce expert evidence), lining up any relevant witnesses, and making critical decisions about things like whether you will testify and whether the trial will be by judge alone or judge and jury.
Prepare for Trial
We prepare you and any witnesses for the trial by thoroughly explaining how the trial will look, showing you around a courtroom so that you are comfortable, asking you practice questions so that you get used to speaking in public, and doing mock cross-examinations so that you are not flustered when answering questions.
Trial
At the trial, we stand between you and the power of the State, and mount your best defence.
About Zachary Al-Khatib
Founder of ZK Law specializing in criminal defence and complex legal matters. Former Supreme Court of Canada clerk bringing unique judicial perspective to each case. I combine rigorous advocacy with compassion, ensuring every client's story is heard. Currently teaching at the University of Alberta while maintaining my practice.
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Book a free consultation
Contact ZK Law today for a confidential consultation. We will explain your legal options, answer your questions, and start building your defence strategy immediately.
FAQs
Find answers to your most pressing questions about our legal services and how we can help.
If you've been charged with assault, contact a defence lawyer immediately. Don't discuss your case with police or anyone else before consulting with legal counsel. We can help protect your rights from the beginning of your case.
Yes, assault charges can be dropped or reduced through various legal strategies. These might include negotiation with the Crown, alternative measures programs, or proving weaknesses in the prosecution's case. Each situation is unique and requires specific legal analysis.
Self-defence can be a valid defence under Canadian law. The Criminal Code recognizes your right to defend yourself or others from attack, provided the force used was reasonable in the circumstances. We can help assess whether self-defence applies to your case.
While the Criminal Code doesn't distinguish between "domestic assault" and "regular assault," cases involving domestic relationships are often treated differently by the courts and prosecution. These cases typically involve additional considerations, including emergency protection orders and specific bail conditions.
The timeline varies significantly depending on case complexity, court schedules, and whether the case goes to trial. Some cases resolve in months, while others may take over a year. We work efficiently to resolve your case as quickly as possible while ensuring your rights are protected.
Still have questions?
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