Covered in the Criminal Code of Canada under section 270, assault of a police officer is also known as ‘assaulting a PO’. The charge involves the assault of a peace officer in execution of his or her duty, as well as any individual assisting that officer in their duty. The law also encompasses anyone who prevents the lawful arrest or detention of themselves or others, as well as the intent to rescue anything that has been taken under lawful process, distress or seizure.
The assault of a police officer is an extremely serious offense that can be a permanent mark on any citizen’s record, to be referred to by officers of the law at any point in the future. For this very reason, it is very important that you seek the legal advice of a criminal assault lawyer in Edmonton if you are facing such charges.
Potential punishment for assaulting a police officer in Alberta
Assaulting a peace officer is considered an indictable offense and a priority of the Crown. Individuals who have been charged with assault in Alberta, especially with existing criminal records, can be facing a maximum of a 5-year sentence. This only underlines the need for an experienced criminal lawyer based in Edmonton who has a solid working relationship with the local prosecutor’s office.
A criminal lawyer’s ability to examine your case, review the evidence, and interview witnesses, can have a significant effect on your sentencing. Within your defense there is the potential for several valid arguments that include:
- The consent of the other person
- The violation of your rights under the Charter of Rights and Freedoms
Punishment for assault with a weapon or causing bodily harm?
Under Section cc. 267. of the Criminal Code, every one who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
What is aggravated assault?
Under Section cc. 268. (1), every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
What is the possible punishment for aggravated assault?
Under Section cc. 268.(2), every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Contact Our Edmonton Criminal Lawyers For Criminal Assault Charges
The stigma and shame that come with an assault charge are immeasurable over the course of your life. The damage to your reputation has a direct effect on your relationships with friends and family, as well as your career. If you have been charged with assaulting a police officer in Alberta, contact our criminal lawyers in Edmonton and take action in defending your future.