Being charged during a heated dispute is confusing and stressful. Many people tell us they felt blindsided because both sides claimed the other person started the conflict, yet officers charged only one individual.
This situation is common across Alberta. Police often have only a few minutes to assess the scene, listen to conflicting stories, and decide who they believe acted as the dominant initiator of a physical or verbal confrontation.
If you have been named the primary aggressor, this does not mean you are guilty. It only means officers made a quick assessment under tense conditions. Understanding how these decisions happen can help you prepare your defence and speak with an assault lawyer in Edmonton who can review the entire situation.
In this blog post, we explain why officers charge one person, what factors influence their decision, and how the primary aggressor label can be challenged through proper legal representation.
What the Primary Aggressor Means in Alberta Assault Cases
The term primary aggressor is not an official legal term in Canadian law. It is a practical phrase officers use to describe the person they believe played the leading role in the conflict. Police rely on this informal assessment when responding to calls involving loud arguments, physical contact, or disturbed property.
The label does not reflect guilt. It is not a finding made by a court. It is only a temporary assessment that guides officers in deciding who to charge at the scene. The charge can be challenged once the legal process begins.
Police use the Criminal Code of Canada along with Alberta criminal charging standards to guide their decisions. These standards encourage officers to identify one individual who they believe initiated the behaviour that led to the call. This is why only one person is usually charged, even when both sides insist the other person started the confrontation.
Why Police Usually Charge One Person Instead of Both
Officers are trained to prevent further escalation. They often focus on identifying a single party so the situation does not continue after they leave. When both parties accuse each other, officers cannot simply leave without action. They must make a judgment based on what they observe.
This judgment happens quickly and often before either person has fully calmed down. Officers rely heavily on immediate perceptions, incomplete explanations, and the visible environment. The priority is stabilizing the situation, not making a full legal determination. This is why charges often feel unfair or one-sided.
Factors Police Consider When Identifying the Primary Aggressor
Officers do not have complete information during these encounters. They observe the surroundings, listen to statements, and make a decision on the spot. These factors commonly influence their assessment.
Conflicting Stories and Emotional Responses
When both parties claim the other started the conflict, officers attempt to evaluate who appears more consistent or composed in their explanation. However, stress and confusion affect human behaviour differently. Someone who appears upset or defensive may be misinterpreted as aggressive.
Physical Environment and Objects in the Room
Items moved during an argument, broken objects, or visible signs of a struggle are often used as clues. The challenge is that these details may not accurately represent what occurred. A loud argument can create disruption without any intention to cause harm.
Body Language and Tone at the Time of Police Arrival
Officers often rely on behaviour observed within the first few minutes. Raised voices, pacing, or frustration can be misread as aggression even when the person is simply overwhelmed by the situation.
Statements from Third Parties
Neighbours, family members, or other people who enter the room may provide limited accounts. These accounts can influence officer judgment even when they reflect only part of what happened.
History of Previous Calls or Conflicts
If police have been called to the same address in the past, this can influence the decision-making process. Even unrelated calls may shape an officer’s perception. This does not mean the person is guilty. It only means officers relied on available information during a stressful moment.
Why People Are Incorrectly Labelled the Primary Aggressor
Many people contact us after being charged, even though they believe their actions were reasonable or defensive. Several common patterns appear in these cases.
Trying to Leave but Being Misinterpreted
A person attempting to exit the room or house may appear confrontational when emotions are high. Officers who arrive during these moments often misread the situation.
Reacting Strongly After Feeling Accused
It is normal to respond emotionally when someone believes they are being blamed unfairly. Officers sometimes confuse these reactions with aggression.
Defending Yourself During a Heated Dispute
Self-defensive actions are often quick and instinctive. Officers may misinterpret these actions as offensive behaviour when they only see the end of the situation rather than the beginning.
Someone Else Appears Calmer or More Distressed
Officers often rely on emotional presentation, even though stress affects people differently. Someone who appears calm might simply process conflict quietly. Someone who appears emotional may simply react to tension. These impressions can lead to an incorrect designation of the primary aggressor.
What the Primary Aggressor Label Means for Your Case
The primary aggressor label only explains why officers charged a specific person. It does not determine the outcome of the case. Alberta courts require evidence, legal analysis, and full examination of the situation. Nothing about the label creates a presumption of guilt.
Your release conditions, travel limitations, and communication restrictions may depend on the initial charge. These conditions must be followed carefully, but they can often be reviewed and adjusted with legal representation. Defendants do not need to attend every court appearance. A lawyer can appear on your behalf for many steps in the process.
Speaking with an assault lawyer in Edmonton early helps protect your rights and ensures the full story is reviewed.
How We Review Primary Aggressor Determinations
When someone comes to us after being charged, we look far beyond the police’s initial impression. We conduct an independent review of the entire situation and identify factors that may not have been considered when officers arrived.
Reviewing Police Reports and Recorded Evidence
Officer notes, recordings, and available video footage provide context that may conflict with the initial assessment. We examine all records to identify inconsistencies.
Analyzing the Physical Context of the Incident
Understanding the layout of the room, the positioning of people involved, and the timing of the interaction often reveals details that officers missed.
Identifying Overlooked Situational Factors
Stress, attempts to walk away, miscommunication, or rapid escalation frequently influence how police interpret events. We evaluate these factors carefully.
Challenging Subjective Observations
Officer impressions about tone, posture, or behaviour are often influenced by stress, lighting, or incomplete information. These impressions can be challenged through legal arguments and evidence.
This review allows us to build a stronger defence and present a clearer picture of what actually took place.
When To Seek Legal Guidance Immediately
You should speak with an assault defence lawyer as soon as possible if you face strict conditions, unclear communication rules, or confusion about court dates. Early legal support reduces the chance of accidental breaches and protects your ability to tell your side of the story.
If you have been charged as the primary aggressor in Alberta, professional guidance is essential. A charge is not a conviction. The legal process allows for a full examination of the facts, and early advice helps you navigate the complexities of the case.
Why Work With Daryl Royer Criminal Law
At Daryl Royer Criminal Law, we understand how quickly police decisions can shape an assault case. We also know that these decisions are often based on incomplete or misunderstood information. We take the time to review the entire situation, examine every detail, and challenge assumptions that led to the primary aggressor designation.
We have extensive experience defending individuals facing assault and domestic related allegations across Edmonton. We approach each case with careful analysis, strategic planning, and a clear understanding of Alberta court processes.
Being charged does not define you. We help you move forward by protecting your rights and preparing a strong defence built on facts, evidence, and experience. If you need guidance, we are ready to support you through every step of the process. Contact us now.