If you are facing violent crime charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

The most common violent crime is assault. 

  • If you hit someone, try to hit them, or threaten to hit them without their permission, you are committing basic assault, which is also called “simple assault.”
  • This is a hybrid offence, which means that the Crown can either go ahead with a summary charge for less serious cases or an indictment for more serious ones.
  • For a summary offence, the maximum punishment is two years in jail and/or a $5,000 fine. By indictment, the maximum prison sentence is five years.

Assault with a weapon is a more serious kind of assault that can get you up to 10 years in prison if you are charged by indictment. 

  • Aggravated assault is when the assault seriously injures, disfigures, or puts the victim’s life in danger.
  • If you are charged with aggravated assault, which is a strictly indictable offence, you can get a maximum sentence of 14 years in prison.

Robbery with violence or threats, is another violent crime that can get you life in prison.

Sexual assault can lead to a sentence of up to 10 years for simple assault, or life in prison for aggravated sexual assault.

And sexual assault, which can land you in prison for up to 10 years for basic sexual assault and life in prison for aggravated sexual assault.

Most violent crimes in Canada are either hybrid or strictly indictable, which shows how serious they are. Even small acts of violence can get you in trouble with the law and have serious effects, like going to jail, being on probation, not being able to own weapons, and having a criminal record for the rest of your life.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of violent crimes beat the charges.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Assault, assault with a weapon, aggravated assault, robbery, and sexual assault are all types of violent crime in Canada.
  • These charges are taken very seriously. Most violent crimes can be prosecuted summarily or by indictment, but some are strictly indictable.
  • There are many different punishments for different kinds of assault. If you commit simple assault, you could spend up to five years in jail. You could go to jail for up to ten years if you commit aggravated assault.
  • You could go to prison for life for more serious violent crimes, like armed robbery or aggravated sexual assault.
  • People who are accused of a violent crime usually have to follow certain rules while they are out on bail. Some of these rules might say that you can’t talk to the victim, have weapons, or leave a certain area or be home by a certain time.
  • If someone is found guilty of a less serious assault for the first time, they might not have to go to jail. They might get a conditional sentence or probation instead.
  • If you were acting in self-defence, defending someone else, given permission, mistaken for someone else, or had your Charter rights violated during the arrest or investigation, you may be able to successfully defend yourself against violent crime charges.
  • Our lawyers can sometimes negotiate different outcomes than criminal convictions.
  • It can be hard to find work, travel, and even a place to live for a long time if you have a permanent criminal record for violent offences.

How can a violent crime lawyer in Calgary help?

If you’re facing assault or other violent charges, our team can help keep your interests protected. 

  • We can help you with legal issues even if you haven’t been charged yet. This will help you understand the charges against you and what might happen.
  • We can also help you come up with a defence plan early on. Sometimes, this early help can stop charges from being filed at all.
  • Our team can help you avoid saying unnecessary things to the police and advise when to exercise your right to stay silent, and when to communicate.
  • We can collect evidence that is specific to your case. Such as, surveillance footage that may show self-defence, medical records that go against claims of injury, and statements from witnesses who saw what really happened.
  • In cases of complicated assault, our lawyers might hire doctors to talk about the injuries, forensic experts to look at blood spatter patterns, or psychiatrists to talk about mental health problems.
  • We’ll also handle bail hearings, which are very important in domestic violence cases, for example, where no-contact orders are common.
  • We can talk to the Crown prosecutors about lowering the charges. At trial, if necessary, we can cross-examine the complainant and point out any inconsistencies in their story.

Examples of Violent Crime Offences

Here are some situations that could lead to a violent offence charge in Calgary: 

  • A man is accused of assault under Section 265 of the Criminal Code after his wife called the police during a fight. She says he pushed her against a wall during their fight. The Crown moves forward with the case even though the woman doesn’t have any visible injuries and later says she doesn’t want him charged. If he is found guilty, he could get a criminal record and spend up to five years in jail. He also has to stick to strict bail conditions that keep him from going home or talking to his wife until the case is over.
  • A woman is accused of robbing a clerk at a convenience store and threatening them with a fake gun to get money. Even if the gun isn’t real, it’s a very serious crime to rob someone with a fake gun. The Crown wants her to go to prison for three to five years, even though this is her first offence.
  • A man is charged with aggravated assault after a fight with his neighbour got out of hand. The police say he hit his neighbour with a shovel, which broke his skull. He could face up to 14 years in prison. The Crown wants 4 to 6 years in prison because the injuries were severe.

Consequences of a Violent Crime Offence

Being accused of a violent crime in Canada can have a significant effect on many parts of your life.

What punishments you get depend on the violent crime you are accused of and how the Crown decides to handle your case.

  • For basic assault, there is no minimum jail sentence, but the maximum ranges from 2 years (if prosecuted summarily) to 5 years (if prosecuted by indictment).
  • Assault with a weapon or assault causing bodily harm carries a maximum of 10 years’ imprisonment if proceeded by indictment, while aggravated assault can result in up to 14 years in prison.
  • Robbery carries a maximum sentence of life imprisonment, with mandatory minimum sentences of 4-5 years when firearms are involved.
  • Sexual assault penalties range from 18 months (summary conviction) to 10 years (indictment), with higher maximums if weapons are used or the victim is under 16.

People who commit violent crimes can also get fines, but jail time is more common. People who are convicted of summary conviction crimes may have to pay fines of up to $5,000.

People who assault someone for the first time may not have to go to jail. Instead, they might get probation or a conditional sentence, especially if they show that they are sorry and try to improve.

A violent crime conviction also leaves a criminal record that can make it hard to find a job, travel, or find a place to live for a long time.

Violent Crime Offence Defences

If you are charged with a violent crime in Canada, it is very important to know what defences you might have. Even though every case is different, there are some legal strategies that might help you fight these serious charges. We will look closely at every part of your situation to see which of these choices is best for you.

Here are some ways to fight violent crime charges in Canadian criminal law:

  • Self-Defence: Section 34 of the Criminal Code says that you can use reasonable force to defend yourself against an attack or threat. To use this defence, you need to show three things: that you had a good reason to believe that force was being used against you, that you took steps to protect yourself, and that those steps were reasonable given the situation.
  • Defending Others: The Criminal Code says that you can use reasonable force to stop someone from being attacked, just like you can use reasonable force to protect yourself. This defence is very important if you are being charged with something that happened when you tried to help someone who was being threatened or attacked.
  • Charter: If the police violated your rights under the Canadian Charter of Rights and Freedoms while they were looking into or arresting you, the charges could be dropped even if the violent act did happen. Section 24(2) of the Charter says that courts can throw out evidence that was collected by breaking the Charter.

Violent Crime Charge Investigation

When someone calls 911 about a fight, a domestic disturbance, or another violent event, the police usually start an investigation. 

  • When the police arrive, they will talk to the person who made the complaint, the person who is accused (if they are there), and any witnesses.
  • If someone reports an assault, the police will take pictures and write down any injuries that are easy to see on the person who is making the complaint. The police will also look for blood, broken things, weapons, or signs of a fight at the scene.
  • Police will check criminal record databases to see if the person has committed similar crimes in the past. This could change how they deal with the case. When violent crimes are more serious, like aggravated assault or robbery, specialized detectives may take over the case.
  • If a suspect has not been apprehended, warrants may be issued, a search will begin and formal charges laid.

Bail Conditions for Violent Crime Charges

If you are released on bail, you will be given conditions you must follow. 

  • If you are charged with a violent crime, the most common condition of your bail is that you can’t contact the person you are accused of hurting. This means you can’t talk to them at all, not even through other people, by phone, text, email, or social media.
  • The court will most likely not let you have any weapons . This includes guns, knives (except for eating), tools that could be used as weapons, and anything else that is meant to hurt other people.
  • Bail conditions often say that you can’t go to certain places. If you are accused of assault, you will usually have to stay at least 100 meters away from the complainant’s home, school, and workplace.
  • If you are accused of a more serious crime, like robbery or aggravated assault, the court may set a curfew that says you have to be home at certain times.
  • If drugs or alcohol were involved in the crime you are accused of, which is common in many assault cases, the court will probably not let you drink alcohol or use substances.
  • Most of the time, you’ll have to check in with a bail supervisor or the police station once a week or once a month. This frequency is depending on how serious the charge is.
  • The court might make you wear an electronic monitoring ankle bracelet that keeps track of where you are at all times.

Not following any of your conditions can lead to new charges, being re-arrested, and not being released again a second time.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

The victim can’t just “drop the charges” in a violent crime case. The police file criminal charges in Canada, and Crown prosecutors, who work for the government and not the victim, take care of the cases. The Crown makes the final choice. They will consider how serious the claims are, if there is a history of violence, if children were present, and if there is enough evidence to go ahead without the complainant’s testimony.

There are a lot of important things that can affect your chances of going to jail, like how serious the assault was, if weapons were used, how bad the injuries were, and your own situation. You may be instead able to get sentences like probation, community service, or a conditional discharge. If the assault caused serious injuries, if it was against a weak person like a child or an elderly person, if it happened in the home, or if a weapon was used, you are much more likely to go to jail, even if it’s your first time.

You might not be able to do your regular duties if your bail says you can’t go to certain places or talk to certain people, or if you have a curfew that keeps you from working shifts. If your employer finds out about pending charges, they may put you on leave, especially if you work with vulnerable people.