Assault Charges in Winnipeg? Protect Your Rights and Your Future

An assault charge can destroy your life. Beyond jail time and fines, you face a criminal record, loss of custody of your children, restraining orders, difficulty finding employment, and permanent damage to your reputation. If the charge involves a domestic partner, the Crown will push hard for a conviction.

But not every allegation is true. People sometimes lie. Situations are more complex than first impressions suggest. Self-defence is a legitimate legal response to an attack. And in many cases, the Crown’s evidence isn’t strong enough to prove guilt beyond a reasonable doubt.

Jason Malloy defends assault cases of all types. Whether you’re facing simple assault, assault causing bodily harm, domestic assault, or aggravated assault, you have more options than you might think.

Types of Assault Charges

Simple Assault: Applying force to another person without consent, or attempting or threatening to apply force. This includes punching, pushing, hitting with an object, or even spitting. The victim doesn’t need to be injured.

Assault Causing Bodily Harm: When the victim suffers bodily harm beyond minor marks or bruises—broken bones, cuts requiring stitches, black eyes, or anything that interferes with normal bodily function. Carries up to 10 years jail on indictment.

Aggravated Assault: Wounding, maiming, disfiguring, or dangerously impairing the victim’s bodily function. The most serious assault charge, carrying up to 14 years jail.

Domestic Assault: Assault in a domestic context—spouse, common-law partner, dating partner, or family member. Treated more seriously by the Crown and courts with restrictive no-contact and residence conditions.

Potential Penalties

Simple Assault: Summary conviction: fine up to $2,000 and/or up to 6 months jail. Indictment: up to 2 years jail.

Assault Causing Bodily Harm: Summary: fine up to $2,500 and/or up to 6 months jail. Indictment: up to 10 years jail.

Aggravated Assault: Indictment only: up to 14 years jail.

Beyond jail and fines, assault convictions cause criminal records disclosed to employers and landlords, loss of custody or supervised access with children, restraining orders lasting years, firearm prohibition, employment termination, inability to travel to the United States, and damage to relationships.

Possible Defences to Assault Charges

Self-Defence: You have the right to use reasonable force to defend yourself against an assault or threat. If the court believes you acted reasonably in self-defence, you’re acquitted. The key is whether your response was proportionate to the threat you faced.

Defence of Another: You can use reasonable force to defend another person from assault or threat of assault.

Consent: Assault requires lack of consent. In cases involving consensual fighting, rough play, or contact sports, this defence may apply.

Mistaken Identity or Alibi: Sometimes the Crown charges the wrong person. Witnesses misidentify assailants. If there’s reasonable doubt about whether you were the person who committed the assault, we argue mistaken identity.

Lack of Proof Beyond Reasonable Doubt: The Crown must prove assault beyond a reasonable doubt—a very high standard. Inconsistencies in witnesses, conflicting police reports, or injuries inconsistent with allegations can create reasonable doubt.

Credibility Issues: Many assault cases come down to witness credibility. If Crown witnesses are inconsistent, contradicted by physical evidence, have motive to lie, or are proven dishonest, their testimony loses weight.

Domestic Violence Charges: Special Considerations

The Crown prosecutes domestic violence cases—not the victim. Even if your partner asks to drop the charges, the Crown can proceed. No-contact orders will likely be imposed during the court process, and child protection services may become involved.

But self-defence still applies in domestic contexts. If you were defending yourself from assault by a partner, that’s still a complete defence. Domestic violence cases are prosecuted more aggressively, so your defence must be equally serious and well-prepared.

Get Help Today

Don’t face an assault charge alone. A criminal defence lawyer will interview witnesses, gather evidence supporting your version of events, challenge Crown witness credibility, argue self-defence if applicable, and protect your rights throughout the process.

Call 204-784-3047 today. Jason Malloy is available 24/7 to help you.