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Assault charges in Canada are governed by the Criminal Code of Canada. Assault is broadly defined and does not require serious injury. Even a threat of force, without physical contact, can be enough to result in criminal charges.

A conviction for any form of assault can lead to:

• A permanent criminal record
• Jail time
• Court-ordered counselling and probation
• Employment and travel consequences
  
  

More serious forms of assault can result in lengthy penitentiary sentences. Because so much turns on the specific charge laid, it is critical to understand the different types of assault under Canadian law.

Types of Assault Charges in Canada

Canadian law recognizes several escalating levels of assault, each with different penalties:

Common Assault

The least serious form of assault. It occurs where there is:

• Intentional application of force without consent, or
• A threat of force that causes a person to fear immediate harm
  
  

Injuries are not required. Even minor physical contact can support a charge.

Assault with a Weapon

This charge applies when a weapon or object used as a weapon is involved. This includes:

• Knives, bottles, tools, or vehicles
• Any everyday item used to threaten or cause harm
  
  

Weapon involvement significantly increases sentencing exposure.

Assault Causing Bodily Harm

This charge applies where the assault results in injuries that are more than trivial or transitory, such as:

• Broken bones
• Significant bruising
• Lacerations requiring medical treatment
  
  
  

Aggravated Assault

The most serious assault offence. It applies where the assault:

• Wounds
• Maims
• Disfigures
• Or endangers the life of the complainant
  
  

The Crown does not need to prove that these consequences were specifically intended—only that they were reasonably foreseeable.

Penalties and Sentencing for Assault

Assault offences are usually hybrid, meaning the Crown may proceed by:

• Summary conviction (less serious), or
• Indictment (more serious)
  
  

Maximum penalties include:

• Common Assault: Up to 5 years in prison
• Assault with a Weapon / Bodily Harm: Up to 10 years in prison
• Aggravated Assault: Up to 14 years in prison
  
  

Actual sentencing depends on:

• The nature of the injuries
• Use of a weapon
• Your criminal record
• Whether the offence is alleged to be domestic in nature
• Whether any Charter violations occurred
  
  
  

Domestic Violence Charges in Alberta

In Alberta, domestic violence allegations are treated as a specialized category of prosecution, even though “domestic assault” is not a separate offence under the Criminal Code.

In Calgary, these matters proceed through specialized domestic violence court, involving coordination between:

• Crown prosecutors
• The Calgary Police Service
• Victim services
• Community agencies such as HomeFront
  
  

Domestic violence cases often involve:

• Current or former spouses
• Dating partners
• Co-parents
• Household members
  
  

Common domestic-related charges include:

• Assault
• Uttering threats
• Mischief
• Criminal harassment
• Breach of court orders
  
  

These cases frequently involve:

• No-contact orders
• Immediate removal from the home
• Child-access restrictions

Even first-time allegations can carry serious long-term consequences.

Assaulting a Peace Officer

What the Law Says

Assaulting a peace officer is treated more seriously than ordinary assault because it involves interference with law enforcement in the execution of their duties.

A “peace officer” includes:

• Police officers
• Sheriffs
• Corrections officers
• Border officers
• Other designated public officials
  
  

The offence applies to:

• Physical contact
• Attempts to strike
• Threatening acts that amount to assault
  
  
  

Levels of Assaulting a Peace Officer

1. Simple Assault of a Peace Officer

• Hybrid offence
• Summary conviction: Up to 6 months in jail and/or $5,000 fine
• Indictment: Up to 5 years in prison

2. Assault of a Peace Officer with a Weapon or Causing Bodily Harm

• Involves using a weapon or causing physical injury
• Summary conviction: Up to 18 months in jail
• Indictment: Up to 10 years in prison

3. Aggravated Assault of a Peace Officer

• Involves wounding, maiming, disfiguring, or endangering life
• Always prosecuted by indictment
• Maximum penalty: Up to 14 years in prison

Life Consequences of an Assault Conviction

Beyond jail, an assault conviction can result in:

• A permanent criminal record
• Loss of employment opportunities
• International travel restrictions
• Difficulty securing housing
• Loss of professional licensing
• Long-term damage to family and personal relationships
  
  

For domestic and police-involved cases, the collateral consequences are often immediate and severe.

Defending Assault Charges

Strong assault defences often turn on:

• Self-defence
• Consent
• Credibility of witnesses
• Video or third-party evidence
• Charter violations (unlawful arrest, detention, or statements)
• In domestic cases, inconsistent complainant accounts
  
  

At KJR, we conduct a comprehensive review of:

• Police procedures
• Witness reliability
• Medical evidence
• Surveillance and body-camera footage
  
  

Every case is approached with a trial-ready mindset from day one.