An assault charge in Calgary can move fast: from a single altercation to a criminal record that follows you for years. Even a charge that looks minor on its face, a push, a slap, a heated shove, carries the same criminal record consequences as more serious violent offences once you’re convicted. The law doesn’t require contact either. A threat, a gesture, or a raised fist can be enough to lay a charge.
Cory Wilson has represented people from all walks of life charged with assault, including lawyers, police officers, professional athletes, corporate executives, teachers, and mechanics. He believes every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
If you’ve been charged with assault in Calgary, or you’re under investigation, call 403-978-6052 any time. Cory Wilson offers free, no-obligation consultations 24 hours a day, 7 days a week.
What Is Assault Under Alberta Law?
Assault is the intentional application of force to another person without their consent, and you don’t need to touch someone to be charged. Under section 265 of the Criminal Code, you commit assault if you:
- Intentionally apply force to someone, directly or indirectly, without their consent
- Attempt or threaten to apply force, by an act or gesture, while the other person reasonably believes you’re able to carry it out
- Openly carry a weapon (or imitation weapon) while accosting, impeding, or begging from someone
This means a push, a slap, a thrown object, or even a raised fist accompanied by a threat can all lead to an assault charge — regardless of whether contact actually occurs.
The Four Levels of Assault in Alberta
Not all assault charges are the same. The Criminal Code sets out escalating levels based on the degree of harm involved, each carrying different maximum penalties:
| Offence | Criminal Code Section | Maximum Penalty |
|---|---|---|
| Common assault | s. 266 | 5 years for an indictment. 2 years less a day imprisonment, $5,000 fine, or both for a summary conviction. |
| Assault with a weapon, causing bodily harm, or choking | s. 267 | 10 years for an indictment. Maximum 18 months imprisonment, $5,000 fine, or both for a summary conviction. |
| Aggravated assault | s. 268 | Up to 14 years in federal prison — straight indictable, no summary option |
Penalty ranges reflect the Criminal Code as of mid-2026. Actual sentences depend heavily on the specific facts, any aggravating or mitigating factors, and the offender’s record.
Common Assault
The most frequently charged form of assault, covering the base definition above. Even minor, low-harm incidents fall here — a shove during an argument, a single slap, spitting on someone.
Assault With a Weapon, Causing Bodily Harm, or by Choking
These three distinct acts are grouped under the same section because they all involve an aggravating factor beyond simple force. Read more about Assault Causing Bodily Harm, Assault With a Weapon, or a Choking Offence for the specific elements and defences the Crown must prove for each.
Aggravated Assault
The most serious assault charge, reserved for cases where the complainant was wounded, maimed, disfigured, or their life was endangered. Unlike the other levels, aggravated assault cannot be prosecuted summarily — it’s a straight indictable offence. Read more about Aggravated Assault.
What Should You Do If You’ve Been Charged With Assault in Calgary?
If you’ve been charged with or are under investigation for assault, don’t give a statement to police, and contact a criminal defence lawyer immediately. Specifically:
- Exercise your right to silence. Anything you say to police, even informally, even to “clear things up”, can be used against you. It cannot be used to help you.
- Don’t contact the complainant. Even a well-intentioned message can be treated as a bail violation or witness interference once charges are laid.
- Call a lawyer before your first court date. The earlier a lawyer is involved, the more options are typically available including resolving the matter before it goes to court.
- Follow your lawyer’s advice on release conditions. Most people charged with a simple assault are released on an appearance notice or undertaking rather than held for a bail hearing, but conditions (no-contact, no-attend) still apply and breaching them is a separate criminal offence.
How Release Works After an Assault Charge in Calgary
For most simple assault charges, you’ll be released by police without ever seeing a judge, either on an appearance notice (a document compelling you to attend court on a set date) or an undertaking (release with conditions, such as no contact with the complainant or a no-go zone around a specific address).
Where the allegations are more serious, or you have a prior record, police may hold you for a bail hearing (formally a judicial interim release, or “show cause,” hearing). In Calgary, accused persons held in custody are typically processed through the Calgary Police Service’s Arrest Processing Unit at the Spyhill Services Centre before their hearing.
Bail hearings themselves are held at the Calgary Courts Centre (601 5 Street SW), in person or by video/teleconference, before a Justice of the Peace or a provincial court judge.
At a bail hearing, the court weighs whether detention is necessary to ensure you attend court, whether you pose a risk of reoffending, and whether your release would undermine public confidence in the justice system.
Peace Bonds and Assault Charges in Calgary
A peace bond resolves an assault charge without a conviction or criminal record. Depending on the severity of the allegations, an accused may enter into a Peace Bond — an agreement to abide by certain conditions, such as counselling, abstaining from alcohol, and having no contact with the complainant. Once signed, the criminal charge is withdrawn and the accused is left with no criminal record. A Peace Bond is not a finding of guilt.
Cory Wilson’s experience, skill, and close working relationship with the Crown Prosecutor’s Office has consistently and continuously resulted in his clients’ assault charges being resolved by Peace Bond.
Assault Charges and the Alternative Measures Program
The Alternative Measures Program (AMP) diverts eligible accused persons out of the traditional court system entirely. In certain circumstances, an accused person may have their assault charge withdrawn by completing conditions such as counselling or community service through the Alternative Measures Program — leaving the accused with no criminal record.
Often, the difference between entering the Alternative Measures Program or not is having the right criminal defence lawyer. Cory Wilson works tirelessly to ensure that each client who is eligible for the program is accepted into it.
What Are the Defences to an Assault Charge?
The most common defence to an assault charge is self-defence, but consent, accident, and mistaken identity can also apply depending on the facts.
| Defence | How It Works |
|---|---|
| Self-defence | You reasonably believed force was being used or threatened against you or another person, you acted to defend against it, and your response was reasonable in the circumstances (Criminal Code s. 34) |
| Consent | The complainant agreed to the physical contact — valid for contact like a hockey check, but consent is not a defence where serious bodily harm results and was intended |
| Accident | The contact was unintentional, with no criminal negligence — there was no intent to apply force |
| Mistaken identity | You are not the person who committed the assault — often proven through alibi evidence, video, or witness testimony |
Self-Defence Under Section 34
Self-defence is the most common defence to assault raised at trial. Under section 34 of the Criminal Code, you’re justified in using force against another person to protect yourself, another person, or your property, provided three things are true:
- You reasonably believed force (or a threat of force) was being used against you or someone else
- You acted for the purpose of defending against said force and not for revenge or punishment
- Your response was reasonable in the circumstances, considering factors like the imminence of the threat, whether other options were available, and the history between you and the other person
Despite it being lawful to defend oneself, police investigating an assault allegation rarely make inquiries into this before laying charges — charges are typically laid based on the complainant’s version of events alone. Establishing a strong self-defence argument early, with your lawyer, is often what turns a case around.
Going to Trial
Assault trials are generally he said/she said, with no independent witnesses. These trials come down to a credibility contest, where it’s critical to have an experienced, skilled lawyer who can effectively cross-examine the complainant to raise a reasonable doubt.
Not all trial lawyers are made the same. It takes years and significant practice to properly and effectively cross-examine witnesses. Cory Wilson has conducted countless cross-examinations leading to his clients repeatedly being found not guilty at trial.
Call Cory Wilson To Arrange A Free Consultation
Cory Wilson is a criminal defence lawyer based in Calgary. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today at 403-978-6052 for a free, no-obligation consultation.
Assault Frequently Asked Questions
Can you be charged with assault without touching someone?
Yes. Under section 265 of the Criminal Code, an attempt or threat to apply force — such as a raised fist or a verbal threat paired with a menacing gesture — can constitute assault if the other person reasonably believed you could carry it out. No physical contact is required.
Will I go to jail for a first-time assault charge?
Not necessarily. Most first-time, low-harm assault charges do not result in jail time, particularly where the matter is resolved through a Peace Bond, the Alternative Measures Program, or a discharge. Jail becomes more likely as the level of harm increases (assault causing bodily harm, assault with a weapon, choking, or aggravated assault) or where there’s a prior record.
What’s the difference between assault, assault causing bodily harm, and aggravated assault?
The difference is the degree of harm. Common assault (s. 266) requires no injury at all. Assault causing bodily harm, assault with a weapon, and choking (all under s. 267) require an aggravating element — an injury, a weapon, or strangulation. Aggravated assault (s. 268) is reserved for the most serious cases, where the complainant was wounded, maimed, disfigured, or their life was endangered.
Does a Peace Bond leave a criminal record?
No. A Peace Bond is not a conviction and does not create a criminal record. In exchange for agreeing to abide by certain conditions for a set period, the Crown withdraws the underlying charge.
