Self Defence Lawyer
When protecting yourself leads to charges, we ensure your justification is properly heard.
We bring the full circumstances of your defensive actions to light in the courtroom.
Self-Defence Claims in Alberta
Self-defence is a legal justification recognized under Canadian law that can completely exonerate an individual from criminal liability. Section 34 of the Criminal Code establishes the legal framework for self-defence, allowing individuals to use reasonable force to protect themselves or others from perceived threats.
Despite this legal protection, many Albertans face serious criminal charges after defending themselves, their loved ones, or their property. Police and prosecutors often make charging decisions based on limited information, resulting in charges that fail to account for the full context of a defensive action.
We understand the complexities of self-defence cases and the factors courts consider when evaluating these claims. With our experience on both sides of the bench, we develop compelling legal strategies that effectively communicate your perspective and justify your actions.
Charges Where Self-Defence Applies
Assault Charges
Self-defence is commonly raised in assault cases where an individual used force to protect themselves from an aggressor. These situations often involve split-second decisions made under stressful circumstances.
Potential Penalties Without Self-Defence:
Summary conviction: Up to 6 months imprisonment and/or a $5,000 fine
Indictable offence: Up to 5 years imprisonment
Permanent criminal record
Weapons Offences
Cases involving weapons used in self-defence can lead to additional charges related to the possession or use of those weapons, even if the defensive action itself was justified.
Potential Penalties Without Self-Defence:
Charges for unauthorized possession or dangerous use of weapons
Potential mandatory minimum sentences
Potential mandatory minimum sentences
Permanent criminal record
Homicide Charges
In the most serious cases, legitimate self-defence actions can result in homicide charges when an aggressor is killed during a confrontation.
Potential Penalties Without Self-Defence:
First or second-degree murder: Mandatory life imprisonment
Manslaughter: Up to life imprisonment
Permanent criminal record
Property Defence Situations
Defending your home or property can also lead to criminal charges if prosecutors believe the force used was excessive or unnecessary.
Potential Penalties Without Self-Defence:
The Legal Framework for Self-Defence in Alberta
Current Self-Defence Law (Section 34)
The 2013 amendments to the Criminal Code simplified self-defence law into a single provision with three key requirements:
- Reasonable belief in force or threat of force against yourself or another person
- Defensive purpose for your actions
- Reasonableness of your response considering all circumstances
Factors Courts Consider
When evaluating self-defence claims, courts examine numerous factors including:
- The nature of the force or threat
- Whether weapons were present or used
- Size, age, and gender differences between parties
- Relationship history between parties
- Possibility of retreat or de-escalation
- Whether the action was reasonable in the circumstances
Our Defence Process
We approach each self-defence 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 while ensuring your justification is thoroughly presented.
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.
Our Testimonials
Case Studies on Self Defence
In the Media
Our Latest Posts on Self Defence
Explore our latest articles on assault defense strategies.
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 sexual assault and how we can help.
Yes. Canadian law recognizes your right to defend yourself, others, and your property using reasonable force. The key legal question is whether your actions were reasonable under the circumstances.
While the prosecution must prove guilt beyond a reasonable doubt, you need to provide some evidence that raises self-defence as a plausible explanation. We help gather and present evidence showing your reasonable perception of threat and the proportionality of your response.
Alberta does not have explicit "stand your ground" legislation like some American jurisdictions. However, Canadian law does not impose a strict duty to retreat. The possibility of retreat is just one factor courts consider when assessing the reasonableness of defensive action.
Yes, you can use reasonable force to protect property, but the level of acceptable force is typically lower than when protecting people. The Criminal Code specifically addresses defence of property in Section 35.
Using a weapon in self-defence can be justified if it was reasonable under the circumstances. However, you may face separate weapons charges even if the self-defence claim succeeds. We address both the defensive action and any related weapons issues.
Still have questions?
We're here to help you with any inquiries.