Edmonton Assault Laws

Frequently Asked Questions

What is the difference between assault and aggravated assault?

Simple assault:

• Minor physical contact – This includes any unwanted physical contact, even if it doesn’t cause injury
• No serious injury – The contact must not result in significant bodily harm or permanent damage
• Maximum 5 years imprisonment – The Criminal Code sets this as the maximum penalty for simple assault
• Less severe penalties – Courts typically impose lighter sentences for simple assault compared to aggravated assault
• Common examples – Pushing, slapping, or minor scuffles
• No weapon involved – The assault must not involve any weapon or object used as a weapon

Aggravated assault:

• Serious bodily harm – The injury must be severe enough to endanger life or cause permanent damage
• Life-threatening injury – The harm must be significant enough to potentially cause death
• Maximum 14 years imprisonment – The Criminal Code sets this as the maximum penalty for aggravated assault
• More severe penalties – Courts typically impose harsher sentences due to the seriousness of the offense
• Common examples – Stabbing, severe beatings, or attacks with weapons
• Weapon involvement – Often involves use of weapons or objects used as weapons

What happens at a bail hearing?

Bail hearing process:

• Review of charges – The court examines the specific assault charges and their severity
• Consideration of risk – The judge evaluates the risk of the accused reoffending or not appearing in court
• Release conditions – Specific rules the accused must follow if released, such as no contact with the victim
• Surety requirements – Someone who agrees to supervise the accused and ensure they follow conditions
• No-contact orders – Prohibitions against communicating with or approaching the victim
• Reporting conditions – Requirements to check in with authorities or attend specific programs
• Bail amount – Money that must be paid to secure release
• Court appearance schedule – Dates the accused must return to court

Can assault charges be dropped?

Charges may be dropped if:

• Insufficient evidence – The Crown prosecutor determines there isn’t enough evidence to prove the case
• Witness issues – Key witnesses are unavailable or their testimony is unreliable
• Charter violations – The accused’s rights were violated during the investigation or arrest
• Alternative measures – The case may be diverted to a restorative justice program
• Crown discretion – The prosecutor may decide it’s not in the public interest to proceed
• Legal technicalities – Procedural errors or legal issues may prevent the case from proceeding
• Victim’s wishes – While not determinative, the victim’s position may be considered
• Resolution through mediation – If both parties agree to resolve the matter outside court

What is a peace bond?

Peace bond:

• Court order – A legal document issued by a judge requiring the accused to keep the peace
• No criminal record – Successfully completing a peace bond doesn’t result in a criminal conviction
• Conditions for behavior – Specific rules the person must follow, such as staying away from certain people
• Time limited – Typically lasts for 12 months but can be extended in some cases
• Voluntary agreement – The accused must agree to enter into the peace bond
• Alternative to charges – Can be used instead of criminal charges in appropriate cases
• Breach consequences – Violating conditions can result in new criminal charges
• Common conditions – May include no contact, no weapons, and counseling requirements

How long does an assault case take?

Case duration depends on:

• Case complexity – More complex cases with multiple witnesses or legal issues take longer
• Court availability – Backlogs in the court system can delay proceedings
• Evidence issues – Time needed to gather and analyze evidence affects the timeline
• Trial length – Cases going to trial typically take longer than those resolved through plea bargains
• Resolution method – Cases resolved through alternative measures are usually faster
• Legal procedures – Required court appearances and procedural steps affect the timeline
• Witness availability – Scheduling conflicts can cause delays
• Pre-trial motions – Legal arguments before trial can extend the process

What are the penalties for assault?

Assault penalties include:

• Criminal record – A conviction results in a permanent criminal record unless pardoned
• Jail time – Sentences can range from probation to several years in prison
• Fines – Monetary penalties may be imposed in addition to or instead of jail time
• Probation – Supervised release with specific conditions to follow
• Community service – May be required as part of the sentence
• Counseling – Courts often order anger management or other treatment programs
• Weapons prohibition – May be prohibited from possessing weapons
• Restitution – May be required to compensate the victim

What is self-defense in assault cases?

Self-defense requires:

• Reasonable force – The response must be proportional to the threat faced
• Immediate threat – There must be an immediate danger of harm
• No alternative – The person must have no reasonable way to avoid the situation
• Proportional response – The defensive actions must match the level of threat
• No excessive force – The response cannot be more violent than necessary
• Immediate danger – The threat must be present at the time of the defensive action
• Reasonable belief – The person must reasonably believe force is necessary
• No provocation – The person cannot have provoked the attack

Can I get a pardon for assault?

Pardon process:

• Wait required time – Must wait a specific period after completing the sentence
• Complete application – Submit a detailed application with supporting documents
• Pay fees – There are costs associated with the pardon application process
• Show rehabilitation – Demonstrate positive changes and good conduct since the offense
• No new charges – Must have a clean record during the waiting period
• Good conduct – Must show consistent law-abiding behavior
• Character references – May need to provide letters of support
• Detailed explanation – Must explain the circumstances of the offense

What happens if I violate bail conditions?

Bail violations:

• New charges – Can be charged with breaching bail conditions
• Bail revocation – The court may cancel the existing bail and require new conditions
• Jail time – May be held in custody until a new bail hearing
• Stricter conditions – New bail conditions may be more restrictive
• Court appearance – Must appear before a judge to explain the violation
• Legal consequences – May face additional penalties for breaching conditions
• Surety impact – May affect the person who posted bail
• Future bail – May make it harder to get bail in future cases

How do I find a good assault lawyer?

Finding a lawyer:

• Check experience – Look for lawyers with specific experience in assault cases
• Review success rate – Consider their track record with similar cases
• Consider reputation – Research their standing in the legal community
• Check credentials – Verify their qualifications and professional memberships
• Interview multiple – Meet with several lawyers to find the best fit
• Get referrals – Ask other professionals or previous clients for recommendations
• Consider communication – Ensure they communicate clearly and regularly
• Review fees – Understand their fee structure and payment options

What is the difference between domestic and regular assault?

Domestic assault:

• Intimate partner – Involves violence between current or former partners
• Special procedures – Courts have specific protocols for domestic violence cases
• No-contact orders – Often includes strict conditions about contact with the victim
• Mandatory counseling – Courts frequently order treatment programs
• Enhanced penalties – May face more severe consequences due to the relationship context
• Special court – Some jurisdictions have specialized domestic violence courts
• Protection orders – May include specific protection measures
• Family impact – Considers effects on children and family relationships

Regular assault:

• General public – Involves violence between non-intimate parties
• Standard procedures – Follows regular criminal court processes
• Regular penalties – Sentencing follows standard guidelines
• Optional counseling – Treatment programs are less likely to be mandatory
• Standard court – Cases proceed through regular criminal court
• Normal process – Follows standard criminal procedures
• Typical conditions – Standard bail and sentencing conditions
• General impact – Focuses on public safety and deterrence

What should I do if charged with assault?

If charged with assault:

• Contact lawyer immediately – Get legal representation as soon as possible
• Document everything – Keep records of all interactions and evidence
• Note deadlines – Be aware of important court dates and filing deadlines
• Don’t discuss case – Avoid talking about the case with anyone except your lawyer
• Follow conditions – Strictly adhere to any bail or court conditions
• Get legal help – Ensure you have proper legal representation throughout the process
• Gather evidence – Collect any evidence that supports your defense
• Prepare for court – Work with your lawyer to prepare your case

How does assault affect my record?

Record impacts:

• Criminal record – A conviction creates a permanent criminal record
• Employment issues – May affect job opportunities and professional licenses
• Travel restrictions – Can limit ability to travel to certain countries
• Background checks – Will appear on criminal record checks
• Insurance rates – May affect insurance premiums and coverage
• Future opportunities – Can impact various aspects of life and career
• Professional licenses – May affect ability to obtain or maintain licenses
• Immigration status – Can impact immigration applications and status

What is a conditional discharge?

Conditional discharge:

• No criminal record – Successfully completing the conditions avoids a conviction
• Conditions to follow – Must comply with specific court-ordered requirements
• Time limited – Typically lasts for a set period, often 12 months
• Must complete terms – All conditions must be fulfilled to avoid a conviction
• Court supervision – Progress is monitored by the court during the period
• Alternative to conviction – Provides a second chance for first-time offenders
• Common conditions – May include counseling, community service, or no contact
• Breach consequences – Failing to complete conditions can result in a conviction