Assault is the intentional use of force on another person without their consent. It is also a threat, gesture, or imitation weapon that makes them believe on reasonable grounds that you can carry out the threat. The Criminal Code sets three levels: common assault (up to 5 years), assault with a weapon, causing bodily harm, or by choking (up to 10 years), and aggravated assault (up to 14 years). There are also matching offences for assaulting a peace officer.
In Calgary, first-time, low-harm assault charges can be resolved through a peace bond or the Alternative Measures Program, which leave no criminal record. At trial, self-defence is the most common defence. Consent applies to mutual fights where no serious harm was intended.
KEY TAKEAWAYS
- You can be charged with assault without touching anyone. A raised fist, a threatening gesture, or an imitation weapon can be enough.
- Say nothing to the police beyond your name until you speak with a lawyer. Police are gathering evidence to charge you, not reasons to let you go.
- Stay away from the complainant (the person who reported the assault) and save every text, call log, and message about the incident.
- Most people charged with simple assault in Calgary are released with paperwork. More serious charges go to a bail hearing, usually within 24 hours of arrest.
- A peace bond or the Alternative Measures Program can end an assault charge with no finding of guilt and no criminal record.
- Self-defence is the most common defence at trial. Consent covers mutual fights and contact sports, but not where serious harm was intended.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with assault in Calgary and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On assault files, his record includes a client accused of punching, slapping and choking his ex-partner as she left their shared home after a breakup. Police charged the client even though he was the only one with injuries. Cory cross-examined the complainant at a jury trial on her lack of injuries and the scratches on his client’s face and chest, and the jury returned a verdict of not guilty in under two hours.
Outcomes like that are built long before trial. Assault cases come down to one person’s word against another’s, and the Crown’s willingness to withdraw a charge is shaped by the contradictions the defence finds between the complainant’s statement, the injuries and what independent witnesses saw. Cory reviews every piece of disclosure for those problems and puts them in front of the Crown while the charge can still be withdrawn.
Assault charges arise in a few ways: a bar fight, a road rage confrontation, an argument at home, or a struggle with police during an arrest. Each one leaves a record of video, witnesses, injuries, and 911 calls, and each one is a place where the complainant’s account can break down. Cory has represented clients charged after road rage confrontations and domestic disputes, found the gaps in each, and put them before the Crown or a jury.
If you have been charged with assault or the police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT MISTAKES SHOULD YOU AVOID IN THE FIRST 48 HOURS?
The first 48 hours of an assault investigation matter. People often make early mistakes 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 MAIN ASSAULT OFFENCES 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 carrying 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 2 years less a day and/or a $5,000 fine 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. |
Another version of assault with separate charges is assaulting a peace officer, which is also broken down into three levels:
|
CHARGE |
EXAMPLE |
MAXIMUM PENALTY |
|---|---|---|
| Assaulting a peace officer (s. 270) | Pushing, kicking, or struggling against a police officer, correctional officer, sheriff, customs officer, etc. |
Up to 5 years in prison (indictable). Up to 2 years less a day and/or a $5,000 fine (summary offence). |
| Assault with a weapon or causing bodily harm to a peace officer (s. 270.01) | Hitting an officer with an object or injuring an officer while resisting arrest. |
Up to 10 years in prison (indictable). Up to 2 years less a day and/or a $5,000 fine (summary offence). |
| Aggravated assault of a peace officer (s. 270.02) | Wounding, maiming, disfiguring, or endangering an officer’s life during the assault. | Up to 14 years in prison. Indictable only, with no summary option. |
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.
WHAT USUALLY HAPPENS AFTER AN ASSAULT CHARGE?
The Calgary police release most people charged with simple assault without seeing a judge. They 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.
Bail conditions for assault offences may include:
- Have no contact with the complainant, directly or through someone else.
- Stay away from certain addresses, such as the complainant’s home or workplace.
- Report regularly to a bail supervisor or the police.
- Surrender any firearms or weapons, and do not possess new ones.
- Abstain from alcohol, drugs, or both.
- Observe a curfew.
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.
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.
“I have been defending assault charges for over 16 years. Throughout my career, I’ve defended hundreds of individuals charged with everything from minor assaults involving a push or a small slap, all the way to aggravated assault involving hospitalization and significant bodily harm.”
Cory Wilson, Criminal Defence Lawyer
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
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 | 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. |
Depending on the specific assault charge and the circumstances, other defences may be available.
For instance, we may question the complainant’s credibility. With a charge of assaulting a peace officer, we can sometimes argue that the peace officer wasn’t lawfully carrying out their duty when assaulted (a requirement of this charge).
“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. As long as neither person intends serious harm, it is completely legal to be in a consensual fight.”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: ROAD RAGE ASSAULT CHARGE WITHDRAWN
A client was charged with assault after a road rage incident:
- Words were exchanged in a parking lot.
- It was alleged that Cory’s client approached the other driver and motioned like he was going to hit him.
- He never swung or made contact.
- The police were called, and he was charged.
Cory reviewed the file and found real contradictions between the complainant’s account and an independent witness’s version of events.
Using that, he negotiated the client into the Alternative Measures Program. After the client wrote a letter of apology and made a small charitable donation, the Crown withdrew the charge entirely.
The result: no trial, no conviction, and no criminal record.
Check other recent assault cases that Cory Wilson has successfully defended.
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.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Police can lay these charges instead of, or alongside, a common assault charge from the same incident:
- Uttering threats: Threatening words said during or after the incident, in person, by text or online.
- Sexual assault: An assault that involves sexual touching without consent.
- Aggravated assault: An assault that wounds, maims, or disfigures the complainant, or endangers their life.
- Assaulting a police officer: An assault on an officer carrying out their duty, or on anyone while resisting a lawful arrest.
- Resisting or obstructing a peace officer: Struggling with or interfering with police during an arrest. This is commonly laid with assaulting a peace officer.
- Domestic assault: An assault charge against a current or former partner or family member. The relationship makes the sentence harsher.
- Assault with a weapon: An assault where you carried, used, or threatened to use a weapon or an imitation of one.
- Assault causing bodily harm: An assault that causes an injury more than brief or minor, such as a broken bone or a cut that needs stitches.
- Choking: An assault where you choked, suffocated, or strangled the complainant, even with no lasting injury.
If you face more than one charge from the same incident, Cory reviews each one for weaknesses before negotiating with the Crown.
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 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.
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.
LEGAL REFERENCES
- Definition of assault, Criminal Code, RSC 1985, c C-46, s 265.
- Assault, Criminal Code, RSC 1985, c C-46, s 266.
- Assault with a weapon, causing bodily harm, or by choking, Criminal Code, RSC 1985, c C-46, s 267.
- Aggravated assault, Criminal Code, RSC 1985, c C-46, s 268.
- Assaulting a peace officer, Criminal Code, RSC 1985, c C-46, s 270
- Defence of person, Criminal Code, RSC 1985, c C-46, s 34.
- Judicial interim release or bail, Criminal Code, RSC 1985, c C-46, s 515.
- Peace bond, Criminal Code, RSC 1985, c C-46, s 810.
