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Being investigated or charged with assault can be a difficult and overwhelming experience. Assault offences range from simple assault to assault causing bodily harm and aggravated assault. While these offences share common legal elements, they differ in terms of the degree of injury alleged, the seriousness of the charge, and the potential penalties upon conviction. Our lawyers are committed to protecting your rights and helping you understand your options while developing a defence strategy based on the specific facts of your case. Whether the allegation involves a fight that escalated, the use of a weapon, a domestic dispute, an act of self-defence, or an incident you do not fully remember, we are ready to help.
Not every assault charge is the same, and your defence shouldn’t be either. The Criminal Code lays out a ladder of assault offences, and where your charge sits on that ladder changes everything – the Crown’s burden, the available defences, the likely sentence, and whether the matter proceeds in Provincial Court or Supreme Court.
We regularly defend clients in Surrey and across the Lower Mainland against:
We carefully review every aspect of your case, including the police investigation, your arrest, any right-to-counsel issues, any statements you made, medical evidence, and the credibility and reliability of the witnesses. Where appropriate, we will pursue Charter arguments and identify weaknesses in the Crown’s case.
Every assault allegation is different, and the available defences depend on the specific circumstances of your case. Possible defences that may apply include:
In every file, we look for the path that gives you the best realistic outcome – not the path of least resistance.
If you’ve been charged with aggravated assault, assault causing bodily harm, or any related offence in Surrey or the Lower Mainland, don’t try to navigate this alone. The first 72 hours after a charge are often the most important – bail conditions are being set, your statement is being scrutinized, and witnesses’ memories are still fresh.
Cote & Evans is here to help – contact us today for a confidential consultation and take the first step toward protecting your future.
Don’t wait to start building your defence. An aggravated assault or assault causing bodily harm charge can change the course of your life – but the right legal strategy, started early, can change it right back. Contact Cote & Evans today for a free, confidential consultation. We’ll review your case, explain what you’re actually facing, and help you take the next steps toward protecting your future.
Aggravated assault files often head to trial. Our lawyers have argued serious assault matters in Provincial Court and BC Supreme Court, before judge alone and judge and jury.
Our clients trust us with the most serious moments of their lives. We earn that trust with preparation, candour, and relentless advocacy.
You’ll know what’s happening with your file. You’ll understand your options. You’ll have your calls returned. That’s the standard we hold ourselves to.
We measure success by your outcome – withdrawn charges, acquittals, reductions to lesser offences, peace bonds, and avoiding jail when liberty is at stake.
The three charges sit on a ladder of seriousness under the Criminal Code. Common assault (s. 266) covers the unwanted application of force without injury. Assault causing bodily harm (s. 267(b)) applies when the alleged victim suffers an injury that is more than “trifling or transient” – anything from significant bruising to broken bones. Aggravated assault (s. 268) is the most serious – it requires that the complainant be wounded, maimed, disfigured, or had their life endangered. Aggravated assault is a straight indictable offence carrying up to 14 years in prison.
Aggravated assault is prosecuted by indictment and carries a maximum of 14 years’ imprisonment. Assault causing bodily harm carries up to 10 years when prosecuted by indictment, or two years less a day if the Crown elects summarily. Real-world sentences depend on the seriousness of the injuries, weapon use, the relationship between the parties, your prior record, and any mitigating factors. A skilled defence lawyer can have a significant impact on the sentencing range – and on whether you avoid a custodial sentence altogether.
Yes. Section 34 of the Criminal Code sets out Canada’s self-defence framework. To rely on it, three things must be in play: (1) you reasonably believed force or the threat of force was being used against you or someone else, (2) you acted for the purpose of defending or protecting yourself or that other person, and (3) your response was reasonable in the circumstances. The court considers factors like the nature of the threat, the size and history between the parties, whether other options were available, and whether a weapon was used. Self-defence is fact-driven and often case-determinative – get legal advice before you say a word to anyone.
Three things, in this order. First, exercise your right to remain silent. You are not required to explain, justify, or talk your way out of the situation, and statements to police almost always hurt rather than help. Second, request to speak with a lawyer immediately – this is a Charter right under s. 10(b). Third, write down everything you remember about the incident, the people present, what was said, and what was done – but keep that record private and share it only with your lawyer. Then call us.
Not necessarily. In British Columbia, Crown Counsel decides whether to proceed with charges – not the complainant. This is especially true in domestic and intimate partner files, where the Crown’s policy is to proceed even when the complainant recants or asks for the matter to be dropped. That said, a complainant’s position can still influence the Crown’s assessment of the strength of the case, the likelihood of conviction, and the appropriate resolution. We routinely engage with Crown on these issues.
In most cases, yes – but the conditions can be significant. For aggravated assault and other serious assault charges, you may face a reverse onus at the bail hearing, meaning you must show why your release is justified. Bail conditions often include no-contact orders, residence requirements, weapons prohibitions, and reporting to a bail supervisor. Getting a lawyer involved before the bail hearing dramatically improves your chances of release on workable conditions.
It varies. A straightforward matter resolved early can take a few months. A matter that proceeds to trial in Provincial Court typically takes 8–14 months. Aggravated assault matters that proceed in BC Supreme Court can take 18 months or longer. The Jordan framework imposes constitutional ceilings on these timelines (18 months in Provincial Court, 30 months in Supreme Court), and we monitor those deadlines on every file.
Yes. Assault causing bodily harm and aggravated assault are considered serious criminality under the Immigration and Refugee Protection Act and can result in inadmissibility, loss of permanent resident status, and removal from Canada. They will also affect your ability to enter the United States and many other countries. If you are not a Canadian citizen, tell your lawyer immediately – the immigration consequences must be factored into every strategic decision in your case.
We will:
The first step is to schedule a free, confidential consultation with our legal team. We will review your case, explain your options, and outline the best path forward. Call Cote & Evans today at 604-547-9000 to protect your future.