Facing a violent offence charge in Alberta can be an incredibly overwhelming experience. The legal system treats these allegations with extreme gravity, and a conviction can fundamentally alter the course of your life. At White & Jeet Law, we understand that behind every charge is a complex human story, and we believe a robust, strategic defence is a fundamental right.
What Constitutes a “Violent” Offence under the Criminal Code?
The Criminal Code of Canada codifies specific acts involving the application, attempt, or threat of physical force against another person. The most common violent offences include:
- Assault Tiers: This includes assault, assault causing bodily harm, assault by strangulation, assault with a weapon and aggravated assault. Assault charges can range from minor physical altercations to severe, life-altering injuries.
- Robbery: Theft that utilizes physical violence, weapons, or explicit threats.
- Homicide and Manslaughter: The unlawful causing of a human death.
- Sexual Assault: Non-consensual sexual contact, which scales up significantly in severity if weapons, choking or bodily harm are involved.
The Spectrum of Severity and Punishments
Sentencing in Canada is guided by the principle of proportionality—the punishment must fit both the gravity of the crime and the degree of responsibility of the offender.
| Offence & Criminal Code Section | Classification / Severity Level | Maximum & Minimum Punishments |
| Simple Assault (section 265 / 266) | Low-to-mid severity; involves intentional force without consent. Examples include pushing or punching with no serious injuries. | Up to 5 years imprisonment if prosecuted by indictment; lesser penalties if pursued as a summary offence. |
| Assault with a Weapon (section 267) | Mid-to-high severity; involves intentional force with an weapon. A weapon is defined under section 2 of the Criminal Code as anything used, designed to be used or intended for use In causing death or injury to any person, or For the purpose of threatening or intimidating any person Examples of a weapon range from a pencil to a knife. | Up to 10 years’ imprisonment. |
| Assault Causing Bodily Harm (section 267) | Mid-to-high severity; involving violence that results in any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. For example, a deep scar would be considered more than transient or trifling in nature. | Up to 10 years’ imprisonment. |
| Assault by Strangulation (section 267) | Mid-to-high severity; involves violence that results in a restriction or blocking of a person’s airway. | Up to 10 years’ imprisonment. |
| Aggravated Assault (section 268) | High severity; wounding, maiming, disfiguring, or endangering the life of a person. An example of aggravated assault is violence that results in the breaking of someone’s bone(s). | Up to 14 years imprisonment. |
| Robbery (section 343) | High severity; theft or attempted theft paired with immediate or threatened violence. Examples include demanding money from a cashier while armed with a weapon, or threatening someone if they do not give you their purse. A charge for robbery can be proven even if the accused was not successful in obtaining the said money or purse. | Up to Life imprisonment. Mandatory minimums apply if a restricted or prohibited firearm are used. |
| Manslaughter (sections 234 / 236) | Extremely high severity; causing death unlawfully but without the specific intent to kill. | Up to Life imprisonment. Mandatory minimum of 4 years if a firearm is used. |
| Murder (First & Second Degree) (sections 231 / 235) | The highest tier of severity; planned and deliberate killing (1st Degree) or intentional but unplanned killing (2nd Degree). | Mandatory life imprisonment. |
Navigating Your Defence with White & Jeet Law
If you or a loved one is facing a violent offence charge, the immediate instinct is often fear. But remember, an allegation is not a conviction. The Crown prosecutor must prove every element of the offence, including the physical act (actus reus) and your intent (mens rea), beyond a reasonable doubt.
Our legal team at White & Jeet Law approaches violent crime defence through multiple strategic pathways:
- Challenging Intent: Proving that you lacked the requisite criminal intent can successfully result in your charge(s) being withdrawn.
- Raising applicable defences: Investigating whether certain defences apply, including but not limited to self-defence, defence of others, or defence of property.
- Charter Applications: Evaluating whether law enforcement violated your Charter rights during your arrest or detention can lead to critical evidence being excluded.
A violent offence charge demands an aggressive, analytical, and highly prepared defence team. Contact White & Jeet Law today to discuss your case and protect your future.
