Understanding your right to protect yourself or your family is essential under Canadian criminal law. In Alberta, self-defence is recognized as a legal justification in certain circumstances, but the rules are specific and carefully applied by the courts. If you are facing assault or related charges arising from an altercation, consulting an Assault Lawyer early can help determine whether self-defence applies to your case.
At Centobin Law Office, our Assault Lawyer in Calgary regularly represents individuals charged with assault, assault causing bodily harm, aggravated assault, and domestic assault where self-defence is raised. We guide our clients through the legal framework set out in the Criminal Code of Canada and ensure their rights are protected throughout the criminal justice process in Calgary.
Self-defence in Alberta is governed by section 34 of the Criminal Code of Canada. The law permits individuals to use reasonable force to defend themselves or another person against a threat or use of force.
Under section 34, a person is not guilty of an offence if:
All three elements must be satisfied for the defence to succeed.
As an Assault Lawyer, we carefully analyze whether these elements can be established based on the available evidence.
The concept of reasonable force is central to self-defence cases. Alberta courts consider whether the accused’s response was proportionate to the threat faced.
The court does not expect perfect judgment in a high-stress situation. Instead, it assesses whether the actions were reasonable given the circumstances.
An experienced Assault Lawyer will present evidence and arguments to demonstrate that the force used was proportionate and justified.
Self-defence frequently arises in domestic assault allegations in Calgary. These cases can be complex due to emotional dynamics, conflicting accounts, and prior relationship history.
Police often lay charges even if both parties were involved in a physical altercation. In some cases, the person acting in self-defence may be charged.
When we defend domestic assault cases at Centobin Law Office, we examine:
We assess whether our client reasonably believed they were at risk and whether their response was legally justified.
Section 34 also allows individuals to use reasonable force to defend another person.
For example:
However, the same principles apply: the response must be reasonable and proportionate.
If excessive force is used, the self-defence argument may fail.
The involvement of a weapon significantly complicates self-defence claims.
Using a weapon in response to non-lethal force may be viewed as disproportionate. However, if the threat itself involved a weapon, the response may be considered reasonable.
Each case depends heavily on the specific facts.
As your defence counsel in Calgary, we carefully reconstruct the sequence of events to determine whether weapon use was justified.
Canadian law does not impose an absolute duty to retreat. However, whether retreat was possible is one of the factors courts consider when assessing reasonableness.
If safe retreat was clearly available but not taken, it may weaken a self-defence claim.
That said, the law recognizes that individuals under threat do not have the luxury of calm, calculated decision-making.
Once self-defence is raised and supported by some evidence, the Crown must prove beyond a reasonable doubt that the accused did not act in self-defence.
This is a critical legal principle.
Our role as defence counsel is to introduce sufficient evidence to raise the defence and challenge the Crown’s ability to disprove it.
Self-defence arguments frequently arise in cases involving:
In each case, context matters.
An Assault Lawyer in Calgary will carefully assess whether the accused’s perception of danger was reasonable and whether the response aligns with legal standards.
Self-defence may fail if:
For example, continuing to use force after the threat has stopped may result in criminal liability.
Understanding this distinction is crucial.
Strong self-defence cases often include:
At Centobin Law Office, we gather and analyze all relevant evidence to build a persuasive defence.
Self-defence may be argued in cases involving:
Given the seriousness of these charges, early legal representation is critical.
If you are facing charges in Calgary, contact us immediately at +1 403-249-1733 for confidential advice.
At Centobin Law Office, we take a strategic and thorough approach.
We:
As an Assault Lawyer, we focus on demonstrating that our client’s actions were justified under section 34 of the Criminal Code.
If self-defence is not successfully established and a conviction occurs, consequences may include:
Avoiding a conviction is essential to protecting your future.
Self-defence laws in Alberta recognize that individuals have the right to protect themselves and others from harm. However, the legal test under section 34 of the Criminal Code requires that the belief in danger be reasonable and the force used be proportionate. These cases are highly fact-specific and require careful legal analysis.If you are facing assault charges and believe you acted in self-defence, consult an experienced Assault Lawyer in Calgary as soon as possible. At Centobin Law Office, we are committed to defending your rights and building the strongest case possible. As your trusted Assault Lawyer, we stand ready to guide you through the legal process. Call us today at +1 403-249-1733 for immediate assistance in Calgary.
