Facing assault charges in Alberta can be overwhelming, especially if you believe you acted in self-defence.
Many people assume that if they were protecting themselves, the charges should automatically be dropped. However, under Canadian law, self-defence is not an automatic get-out-of-jail-free card.
The Criminal Code of Canada provides specific guidelines on when self-defence is legally justified. Courts examine the circumstances carefully, assessing whether your actions were reasonable and necessary.
In this blog, we’ll explore whether a self-defence claim can lead to assault charges being dropped, how courts evaluate self-defence, and what role an experienced assault lawyer plays in your case.
What Is Assault Under Canadian Law?
Under Section 265 of the Criminal Code of Canada, assault is defined as:
- The intentional application of force to another person, directly or indirectly, without their consent.
- Attempting or threatening to apply force, leading the victim to believe it will happen.
- Blocking someone’s way while carrying a weapon, which suggests intent to harm.
Even if no physical injury occurs, a charge of assault can still apply. The severity of the charge depends on the circumstances and level of harm caused.
Types Of Assault Charges In Alberta
Depending on the severity of the incident, assault charges in Alberta can fall into several categories:
- Simple Assault (Section 265): The most basic form, involving non-consensual contact or threats.
- Assault Causing Bodily Harm (Section 267): When injuries are more than minor scratches or bruises.
- Aggravated Assault (Section 268): Severe cases involving life-threatening injuries.
- Assault with a Weapon (Section 267): Involves using or threatening to use an object as a weapon.
Each charge carries different legal consequences, and whether self-defence applies depends on the circumstances of the case.
What Does Canadian Law Say About Self-Defence?
Self-defence in Canada is governed by Section 34 of the Criminal Code. It states that a person is not guilty of assault if:
- They reasonably believe that force or a threat of force is being used against them.
- Their actions are taken to protect themselves or someone else.
- The force used was reasonable given the circumstances.
However, self-defence is not unlimited. Courts analyze whether the response was proportional to the threat faced. For example, if someone shoved you, punching them repeatedly may not be considered reasonable.
Factors Courts Consider In Self-Defence Cases
Judges and prosecutors evaluate several factors before accepting a self-defence claim, including:
- The nature of the threat (Was it verbal or physical?)
- The proportionality of response (Did the accused use excessive force?)
- Whether there were other options (Could the accused have walked away?)
- The presence of weapons (Did the accused use a weapon against an unarmed person?)
- Who initiated the conflict (Was the accused the aggressor?)
Can Self-Defence Lead To Your Assault Charges Being Dropped?
When charged with assault in Alberta, claiming self-defence is a potential strategy, but it does not automatically result in the charges being dropped. The Crown Prosecutor will assess the evidence and determine whether the self-defence claim is legally valid.
For the prosecution to drop charges, your defence must prove that:
- You were under an immediate threat of force. The threat must have been real and imminent, not speculative or based on past conflicts. Courts often dismiss claims where the accused initiated the confrontation or had other options to avoid using force.
- You used force only as a necessary response. The law does not support excessive or retaliatory force. If someone lightly pushes you, responding with a serious physical attack may invalidate your self-defence claim.
- The force you used was proportionate to the threat. The legal system expects a balanced response. Using deadly force in response to a minor physical altercation could weaken your defence.
- There is sufficient evidence supporting self-defence. Evidence such as witness testimonies, surveillance footage, and medical reports can help prove that your response was justified.
The Role Of An Assault Lawyer In A Self-Defence Case
A self-defence claim is a complex legal argument that requires careful presentation. While it may seem straightforward, proving self-defence involves navigating legal technicalities, gathering strong evidence, and countering the prosecution’s case.
An experienced assault lawyer in Alberta plays a crucial role in:
1. Analyzing The Evidence
Your lawyer will carefully examine all available evidence, including:
- Police reports – Did officers properly document the incident?
- Medical records – Do injuries align with your claim of self-defence?
- Surveillance footage – Does it confirm that you were acting in self-defence?
- Witness statements – Are there credible accounts supporting your claim?
By reviewing this evidence, your lawyer can determine the strength of your self-defence claim and identify inconsistencies in the prosecution’s case.
2. Challenging The Prosecution’s Argument
The Crown Prosecutor will attempt to disprove self-defence. A skilled criminal defence lawyer will counter the claims by presenting alternative interpretations of the evidence, demonstrating reasonable doubt, and emphasizing inconsistencies in the prosecution’s case.
3. Negotiating For Charges To Be Dropped Or Reduced
If the evidence is strongly in your favour, your lawyer may negotiate with the Crown Prosecutor to have the charges withdrawn before trial.
If dropping the charges is not possible, they may negotiate a plea deal to secure a lesser charge or a more lenient sentence.
4. Building A Strong Defence For Trial
If your case proceeds to trial, your lawyer will:
- Prepare a compelling argument for self-defence.
- Cross-examine the complainant and witnesses to expose inconsistencies.
- Present expert testimony, if necessary, to support your claim.
- Challenge weak or circumstantial evidence.
A well-prepared self-defence argument can convince the judge or jury that your actions were justified, leading to an acquittal.
5. Advising You On Legal Options
Every case is unique, and not all self-defence claims lead to an acquittal. A knowledgeable assault lawyer will:
- Explain possible legal outcomes and risks.
- Advise on whether to negotiate a plea deal or proceed to trial.
- Ensure you understand your rights throughout the legal process.
Without proper legal guidance, self-representing defendants often make critical mistakes that weaken their case. Having an experienced lawyer significantly improves the chances of a favourable outcome.
About Daryl Royer Criminal Law
At Daryl Royer Criminal Law, we provide expert criminal defence services in Edmonton, Alberta. With extensive experience in assault, homicide, and weapons offences, we are dedicated to defending our clients’ rights.
Need Legal Help? Contact Us Today.