Assault lawyer in Surrey

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:

• Review the disclosure the Crown provides – police notes, witness statements, medical records, surveillance, 911 calls – and identify the weaknesses.
• Assess whether your Charter rights were respected during arrest, search, and questioning.
• Build a tailored defence strategy – whether that’s self-defence, identity, intent, credibility, or a Charter application.
• Negotiate with Crown Counsel where a resolution short of trial serves your interests.
• Take your matter to trial when that’s what protects you best – in front of a judge alone or a judge and jury.

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.