General Assault & Threats
Our Stern Shapray Criminal Lawyers Surrey BC defence team handles general assault and threat allegations, protecting your rights and reputation in cases arising from disputes, arguments, or incidents.
Allegations of assault or threats can have serious legal and personal consequences, even when no physical injury occurs. In British Columbia, police can’t lay charges based on a single complaint. These cases frequently arise from heated arguments, misunderstandings, or spontaneous incidents that escalate quickly.
At Stern Shapray Criminal Lawyers, we have extensive experience representing individuals charged with various forms of assault and threatening behaviour. We take the time to understand your version of events, assess the strength of the Crown’s case, and build a focused defence strategy.
Whether you’re facing a minor allegation or a serious indictable offence, we’re here to help you move forward with skilled, strategic representation.
General Assault & Aggravated Assault
Assault charges range in severity and can carry significant consequences depending on the nature of the alleged contact, any resulting injuries, and whether a weapon was involved. In Canadian law, “assault” includes any intentional application of force without consent—even something as minor as a shove.
Types of assault charges can include:
Simple Assault
(Section 266 of the Criminal Code): Involves non-consensual physical contact or threats of violence.
Assault Causing Bodily Harm
(Section 267): Involves injury to the complainant that is more than transient or trifling.
Assault with a Weapon
(Section 267): May involve using or threatening to use an object during the altercation.
Aggravated Assault
(Section 268): The most serious level of assault, resulting in wounding, maiming, or endangering life.
Convictions for assault can result in jail time, criminal records, employment restrictions, and immigration consequences.
Our team will examine the circumstances of your case, challenge unreliable testimony or weak evidence, and pursue every available option for dismissal, withdrawal, or reduction of charges.
Uttering Threats & Criminal Harassment
You don’t need to physically touch someone to be charged with a criminal offence in Canada. Words alone—spoken, written, or typed online—can lead to charges for uttering threats or criminal harassment.
These charges often stem from:
- Heated personal arguments
- Ongoing disputes between neighbours, coworkers, or ex-partners
- Social media messages, emails, or texts
- Allegations of intimidation or stalking
Uttering threats involves threatening another person with death, bodily harm, damage to property, or harm to animals. Criminal harassment includes behaviours such as repeated unwanted communication, following someone, or watching their home or workplace.
We approach these cases with a detail-oriented defence, focusing on the context, the credibility of the allegations, and any available digital evidence.
We aim to resolve matters discreetly, ideally without a criminal record, while protecting your long-term interests.
Bar Fights / Street Altercations
Physical altercations in public spaces—whether outside a bar, at a party, or during a heated confrontation on the street—can result in assault charges, even if both parties were involved in the conflict.
Common scenarios include:
- Mutual fights where only one person is charged
- Self-defence claims in response to aggressive behaviour
- Intoxication-related incidents
- Misidentification or mistaken eyewitness accounts
Our team will work to uncover surveillance footage, identify key witnesses, and advocate for your version of events. We also explore resolution options that can avoid a criminal record—such as peace bonds or alternative measures—when appropriate.
A charge is not a conviction. If you’re facing allegations of assault or threats, contact Stern Shapray Criminal Lawyers for clear legal advice and experienced defence.
Frequently Asked Questions About General Assault & Threats Charges in British Columbia
What is considered assault under Canadian law?
Assault in Canada is defined as intentionally applying force to another person without their consent, or attempting or threatening to do so. This can include physical contact, gestures, or words that cause someone to reasonably fear harm. Even minor incidents can lead to criminal charges depending on the circumstances and the relationship between the parties.
What is the difference between simple assault, assault causing bodily harm, and aggravated assault?
These offences differ based on the severity of harm. Simple assault is a hybrid offence that can be prosecuted summarily (maximum 18 months) or by indictment. Assault causing bodily harm involves injuries that interfere with a person’s health or comfort and carries up to 10 years by indictment. Aggravated assault, the most serious form, involves wounding, maiming, or endangering life and is typically prosecuted by indictment, carrying up to 14 years. The Crown decides how to proceed based on the facts, the severity of the allegations, and the circumstances of each case.
Does the Crown need to prove intent for an assault charge in Canada?
Yes. Assault is a general intent offence, meaning the Crown must prove the act itself was intentional, not that the accused intended a specific outcome. The Crown does not need to prove the accused meant to cause harm, only that the application of force or threat was deliberate. This applies to most assault-related charges, including those involving bodily harm.
What is considered a threat in Canada, and can you be charged for uttering threats in BC?
A threat involves knowingly uttering, conveying, or causing a person to receive a statement that threatens death, bodily harm, or damage to property. Uttering threats is a criminal offence in Canada, the threat does not need to be carried out to result in a charge. Threats made in person, online, or through messages can all form the basis of a criminal charge in British Columbia, including in Surrey, Vancouver, Kelowna, and Victoria. The Crown must prove the threat was made knowingly and that a reasonable person would take it seriously. Context matters significantly: words said in anger may be assessed differently than a calculated written threat, and these cases often turn on the specific evidence available.
Can assault or threats charges be dropped or defended in British Columbia?
Charges are not automatically dropped at the request of the complainant. Crown counsel decides whether to proceed based on the available evidence and public interest. However, charges may be withdrawn where there are weaknesses in the case or a strong defence. When it comes to defending these charges, available defences depend on the specific facts and may include self-defence, defence of another person, consent, or challenging the credibility and reliability of the evidence. Many cases involve conflicting accounts, making a thorough review of all disclosure essential before developing a strategy.
What are the penalties for assault or threats in BC?
Penalties vary depending on the offence and circumstances. Simple assault can result in a discharge, probation, or a fine. Uttering threats carries up to 5 years by indictment. Aggravated assault carries up to 14 years. Courts across British Columbia, in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, and Fort St. John, weigh the nature of the offence, the accused’s history, and any aggravating or mitigating factors when determining sentence.
Do I need a lawyer for assault or threats charges in BC?
Yes. Assault and threats charges can result in criminal records, restrictions on your freedom, and long-term personal consequences. If you are facing allegations in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, or Fort St. John, or anywhere else in BC, speaking with a criminal lawyer early gives you the best chance of a favourable outcome. Contact Stern Shapray Criminal Lawyers for a free consultation.