An assault charge in Calgary can move fast. Even a single shove or slap can lead to a criminal record, just like a more serious violent charge can.
Cory Wilson has spent over 15 years defending Calgarians against assault charges. This includes everything from a first-time simple assault to aggravated assault and choking charges.
Why let Cory Wilson handle your assault charge?
- Over 15 years of criminal defence experience across Alberta, British Columbia, and Saskatchewan.
- Rated among Calgary’s top criminal defence lawyers by Three Best Rated.
- Rated among Calgary’s best criminal lawyers by Calgary’s Best Rated.
- Over 125 five-star Google reviews (average rating of 4.9 from 134 reviews).
- Lead counsel on serious violent charges, including homicides and sexual assaults.
If you’ve been accused of assault, speaking early in the case with Cory Wilson can shape how proceedings unfold.
Call 403-978-6052. Cory Wilson offers free, no-obligation consultations and takes calls 24 hours a day, 7 days a week.
The first 48 hours: The most common mistakes
The first 48 hours of an assault investigation matter. People often make mistakes early on that damage their chances of a favourable outcome. The most common mistakes to avoid are:
- Not taking the charge seriously enough. An assault conviction, even for a slap or shove, can stay with you for the rest of your life.
- Talking to the police to clear your name. Say nothing beyond your name until you speak with a lawyer. The police are talking to you for one reason: to find enough evidence to charge you.
- Speaking with the complainant. Stay away from the person who made the complaint, or you could make your situation worse.
- Deleting information or evidence. Save your texts, call logs, and messages about the incident, as this could be key evidence later.
“There has never been a scenario in which a police officer said, ‘Well, you admitted to the offence, so therefore I won’t charge you.’ In fact, the police’s job is to try to get a confession from you.”
Cory Wilson, Criminal Defence Lawyer
What you do next is very important. Contacting a criminal defence lawyer before you’re fingerprinted or your first court date should be a priority.
Cory Wilson’s guidance can change how police and the Crown handle your case. It can also help to:
- Secure your release with the least restrictive conditions.
- Begin work on building a robust defence.
- Find a resolution that doesn’t leave you with a criminal record.
What are the 3 levels of assault and their penalties?
Assault is the intentional application of force to another person without their consent. You don’t need to touch someone to be charged under section 265 of the Criminal Code. A threat, a gesture, a fake weapon, or a raised fist can be enough to lay a charge.
The Criminal Code sets three levels of assault. Each level carries a different maximum penalty:
|
CHARGE |
EXAMPLE |
MAXIMUM PENALTY |
|---|---|---|
| Common assault (s. 266) | A push, a slap, or a bar fight with no lasting injury. | Up to 5 years in prison for a more serious charge (indictable). Up to 2 years less a day and/or a $5,000 fine for a less serious one (summary offence). |
| Assault with a weapon, causing bodily harm, or by choking (s. 267) | A punch that breaks a bone, a hit with a bottle, or choking someone during an argument. | Up to 10 years for a more serious charge (indictable). Up to 18 months for a less serious one (summary offence). |
| Aggravated assault (s. 268) | A beating that leaves someone with a permanent injury, or an attack that puts someone’s life at risk. | Up to 14 years (indictable). There’s no summary option for this charge. |
Actual sentences depend heavily on:
- The specific facts.
- Any aggravating or mitigating factors.
- The offender’s record.
The maximums rarely apply in practice. Most first-time, low-harm charges resolve well below the ceiling. The chances of that increase with the right lawyer negotiating early.
How can Cory Wilson help?
Cory Wilson’s approach to assault defence depends on which stage the case is at.
- Before charges are laid. Cory can occasionally prevent a charge from being laid if he steps in during a police investigation.
- At the release stage. Cory talks directly to the police and the Crown and works to get you released with the fewest possible conditions.
- Before trial. Cory’s ties with the Calgary Crown Prosecutor’s office have helped many clients resolve assault charges through a peace bond or the Alternative Measures Program. Both would leave you without a criminal record.
- At trial. Assault cases usually come down to your word against the other person’s, with no witnesses. Cory has years of trial experience, including cross-examinations that led to acquittals, even in serious cases.
What usually happens after an assault charge?
Most people charged with simple assault are released by the Calgary police without seeing a judge. They just get paperwork telling them when to show up in court.
If the charge is more serious, or you have a record:
- You may be held at the Spyhill Services Centre in northwest Calgary.
- You will need to attend a bail hearing at the Calgary Courts Centre (601 5 Street SW).
- Cory Wilson can represent you in person or by video.
Cory will argue for your release before a Justice of the Peace or a judge, usually within 24 hours of arrest. If bail is denied, you’re held at the Calgary Remand Centre until your next court date or trial.
A lawyer who knows the facilities and the personnel can move a release along faster and push for conditions you can actually live with.
Will you get a criminal record?
If you’re convicted of assault, you will have a criminal record. Cory will work to prevent this either by pursuing pre-trial resolutions or by defending you at trial.
Two of the most common resolutions that prevent a criminal record for assault charges are:
- A peace bond. This is an agreement to follow certain conditions, such as counselling, abstaining from alcohol, and having no contact with the complainant. Once you sign it, the criminal charge is withdrawn, there is no finding of guilt, and you have no record.
- The Alternative Measures Program (AMP). Charges are withdrawn if you complete conditions such as counselling or community service.
Often, if the defendant agrees to attend counselling for anger management, domestic violence, or substance abuse, this can help resolve an assault case.
However, Cory Wilson is prepared to take your case to trial if that could result in a better outcome. He has conducted countless cross-examinations and will fight for a not-guilty verdict.
“I often advise a client to fight by going to trial when there are serious credibility issues with the complainant in the case. It’s important that my clients don’t end up with a criminal conviction for something they didn’t do. So, I have a conversation with them as early in the process as possible to understand their position, how they want to proceed, and to go over the strengths and weaknesses of the Crown Prosecutor’s case.”
Cory Wilson, Criminal Defence Lawyer
Testimonials
Although past results don’t guarantee future outcomes, recent clients have said this about us:
All my charges dropped
“If you want a high-powered lawyer like you see in the movies, this is the guy. We went to trial, and Cory had all my charges dropped and the case thrown out in about 15 minutes. I couldn’t believe it. Cory is straightforward, trustworthy, and highly professional. His team had great communication as well. I wouldn’t recommend anyone else. Money well spent! A+++”
— R.
In good hands
“I hired Cory Wilson for my criminal issue recently, and I felt confident knowing that I’m in good hands. Cory is very knowledgeable, very professional, direct, friendly and empathetic. He will tell you like it is with the best possible outcome for his client, with no time wasted. He also communicates in a timely manner where you will feel prioritized and heard.”
— F.S.
Thorough and professional
“Cory is a fantastic lawyer – if you find yourself needing a lawyer, he is definitely a great choice! He was very thorough and professional, while being kind and courteous at the same time. His email summaries throughout the process were always very much appreciated.”
— D.L.
What defences do we use to defend assault charges?
Self-defence is the most common defence at trial. Police often skip over it and lay charges based only on what the other person says happened. Building this defence early, before your first court date, gives your lawyer more room to negotiate.
|
DEFENCE |
HOW IT WORKS |
|---|---|
| Self-defence (s. 34) | You believed force was being used or threatened against you or someone else. You acted to stop it. Your response was reasonable for the situation. |
| Consent | The other person agreed to the contact. This works for things like a hockey check or a consensual fight, but not if serious harm was intended. |
| Accident | The contact wasn’t on purpose, and you weren’t being careless. |
| Mistaken identity | You’re not the person who did it. This is often proven with an alibi, video, or a witness. |
“With assault charges, consent is a defence strategy that works many times, but many lawyers, police, and Crown prosecutors don’t consider it. Many people think that the losing party suddenly becomes a victim. That’s not correct. If two individuals entered into a mutually agreed-upon fight, it doesn’t matter who wins or loses. It is completely legal to be in a consensual fight.”
Cory Wilson, Criminal Defence Lawyer
Cory’s recent assault cases
Check recent sexual assault cases that Cory Wilson has successfully defended.
Frequently asked questions
Can I be charged with assault without touching someone?
Yes, a threat can be enough. A raised fist or an angry gesture with words can count as assault if the other person believed you could act on it. You don’t need to make contact.
Will I go to jail for a first-time assault charge?
Not usually. Most first-time, low-harm assault charges don’t end in jail time. Many resolve through a peace bond, the Alternative Measures Program, or a discharge. Jail becomes more likely with a serious injury, a weapon, or a past record.
What’s the difference between common assault and aggravated assault?
It comes down to harm. Common assault (s. 266) doesn’t need an injury at all. Aggravated assault (s. 268) is the top-level charge. It only applies if the other person was wounded, maimed, disfigured, or their life was put at risk.
Legal references
- Criminal Code, RSC 1985, c C-46, s 265 (definition of assault).
- Criminal Code, RSC 1985, c C-46, s 266 (assault).
- Criminal Code, RSC 1985, c C-46, s 267 (assault with a weapon, causing bodily harm, or by choking).
- Criminal Code, RSC 1985, c C-46, s 268 (aggravated assault).
- Criminal Code, RSC 1985, c C-46, s 34 (defence of person).
- Criminal Code, RSC 1985, c C-46, s 515 (judicial interim release or bail).
Contact us for a free, no-obligation consultation
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
