Facing a criminal charge can be stressful, but when two serious allegations are combined, the situation becomes far more complex. Assault and harassment charges often overlap in Edmonton cases, leaving defendants uncertain about what lies ahead.
The law takes both offences seriously, and the consequences can affect your freedom, employment, and reputation. Understanding how these charges interact and why professional legal help is essential can make the difference in how your case is resolved.
This guide explains how assault and harassment charges can overlap, what penalties may apply, and why legal representation from a reputable criminal defence lawyer is essential in Edmonton.
Understanding Assault and Harassment Charges in Alberta
Canadian law recognizes a range of offences under the Criminal Code, and two of the most common charges that may appear together are assault and harassment. Each charge has its own definition and penalties, but they can arise from the same set of circumstances.
What Counts as Assault Under the Criminal Code?
Assault occurs when someone intentionally applies force to another person without their consent. It also includes attempts or threats to apply force if the person has reason to believe the threat will be carried out.
Aggravated assault is the most serious form and is defined under section 268 of the Criminal Code. It involves wounding, maiming, disfiguring, or endangering the life of another person. Conviction can result in lengthy prison terms and lasting criminal records.
For those accused of this offence, working with an experienced aggravated assault defence lawyer is critical.
What Constitutes Harassment in Canadian Law?
Criminal harassment is outlined in section 264 of the Criminal Code. It refers to repeated or threatening behaviour that causes another person to fear for their safety. Examples include stalking, unwanted communication, or threatening gestures.
When the allegations involve inappropriate conduct in a workplace or sexual context, the matter may be treated even more seriously. A sexual harassment defence lawyer can help clarify the scope of the allegations and build an effective response.
How Multiple Charges Impact Your Case
When assault and harassment charges are filed together, the complexity of the legal process increases. Prosecutors may combine the evidence for both allegations, creating a stronger case against the accused.
Will the Court Treat the Charges Separately or Together?
In many cases, courts handle both charges in the same trial for efficiency. This means the judge and jury may hear all the evidence at once. While this process reduces delays, it can also increase risks because testimony from one allegation may influence perceptions about the other.
What Are the Potential Penalties?
Each charge carries its own penalties:
- Assault can lead to fines, probation, or imprisonment. Aggravated assault convictions can result in up to 14 years in prison.
- Harassment can bring restraining orders, probation, or jail time of up to 10 years if prosecuted by indictment.
If convicted of both offences, sentences may run consecutively or concurrently depending on the circumstances. This means the total penalty could be much higher than if facing a single charge.
Defence Strategies for Facing Assault and Harassment Together
Mounting a strong defence becomes more complicated when two charges are involved. The right legal strategy requires careful examination of the evidence and an understanding of how the charges interact.
Challenging Witness Credibility and Evidence
Witness testimony often plays a central role in assault and harassment cases. A defence lawyer can identify inconsistencies in statements, challenge the reliability of evidence, and question whether the allegations meet the legal definitions of the offences.
Building a Defence With Context and Intent
Proving intent is essential in both assault and harassment cases. For example, physical contact may have been accidental or taken out of context. Similarly, repeated communication may not have been intended to cause fear or harm.
Establishing context is key to demonstrating that the actions do not meet the threshold for criminal liability.
Why Legal Representation Matters
Defendants facing multiple charges need comprehensive representation. A lawyer who has experience handling both harassment and aggravated assault cases understands how to approach combined allegations.
Having both a sexual harassment defence lawyer and an aggravated assault defence lawyer in one professional ensures every aspect of the case is addressed.
What Steps Should You Take If You Are Facing Both Charges?
Practical steps can protect your rights and avoid worsening your situation:
- Seek immediate legal advice. Contact a criminal defence lawyer before making any statements to police or others.
- Follow bail or release conditions strictly. Breaching conditions can result in additional charges.
- Avoid discussing your case. Do not share details with friends, family, or online. Anything said outside of a lawyer’s office may later be used in court.
- Prepare documentation. Keep records of events, communications, or evidence that may support your version of events.
Taking these actions early can help your defence lawyer prepare the strongest possible case.
How an Experienced Defence Lawyer in Edmonton Can Help
Facing both assault and harassment charges requires more than a standard legal defence. These cases are complex, fact-specific, and often emotionally charged. A defence lawyer in Edmonton will:
- Review all police reports, witness statements, and physical evidence.
- Identify whether rights under the Canadian Charter of Rights and Freedoms were respected during arrest and investigation.
- Develop a defence strategy tailored to both charges.
- Negotiate with prosecutors when appropriate, or vigorously defend you in trial when necessary.
Professional legal representation ensures that your rights remain protected at every stage of the process.
About Daryl Royer – Edmonton Criminal Defence Lawyer
Daryl Royer is a dedicated criminal defence lawyer based in Edmonton. With years of experience representing clients in complex cases, he understands the challenges of facing charges that carry serious personal and professional consequences. His practice focuses on protecting the rights of defendants and ensuring fair treatment under the law.
If you or someone you know is dealing with both assault and harassment charges, do not delay in seeking legal advice. Contact Daryl Royer today to discuss your case and secure professional representation.