Experienced Assault Defence in Nanaimo, Vancouver Island & Across BC
An assault charge can arise from a misunderstanding, single push or heated argument — and the consequences can be severe and permanent. A criminal record for assault can affect your employment, international travel, custody arrangements, and reputation.
At Zargarian Litigation, Babak Zargarian and Zoe Arghandewal have defended over two thousand cases across Nanaimo, Courtenay, Campbell River, Port Alberni, and throughout BC. For countless clients, we have avoided criminal records and eased their stress through professional and fearless advocacy. See our results and what clients say.
When you call, you will always speak directly with an experienced criminal defence lawyer — never a student, assistant, or junior associate. We assess the Crown’s case thoroughly, advise you practically, advocate for what you need, and take pride in our work.
What Is Assault Under Canadian Law?
Under Section 265 of the Criminal Code, assault is the intentional application of force — or the threat of force — without consent. Even a minor touch can be charged as assault. The charge covers a wide range of conduct, from a single push to a serious attack, and each level carries different penalties.
Assault — s. 266
Any intentional application of force without consent — including a push, slap, or threatening gesture. Even a minor touch can ground a charge. Up to 5 years imprisonment.
Assault with a Weapon — s. 267(a)
Using or threatening with any object as a weapon. A car, knife, bottle, or thrown object can all qualify — the definition is broad. Up to 10 years imprisonment.
Assault Causing Bodily Harm — s. 267(b)
An assault that results in non-trivial injury. It does not take much to elevate a simple assault to this charge. Up to 10 years imprisonment.
Assault by Choking — s. 267(c)
Choking, suffocating, or strangling another person. Treated by the Crown and courts as a serious form of assault, particularly in domestic contexts, where it is seen as a significant indicator of risk. Up to 10 years imprisonment.
Aggravated Assault — s. 268
The most serious form of assault. Involves wounding, maiming, disfiguring, or endangering life. In the most extreme cases, it approaches attempted murder in gravity and sentence. Up to 14 years imprisonment.
Domestic Assault
Any assault occurring within an intimate or family relationship. Treated with particular seriousness by Crown Counsel and the courts. Carries unique collateral risks to employment, housing, and family proceedings.
Both offences involve sexual touching without consent. These are among the most serious and common charges in the Criminal Code. Sentences have increased significantly in recent years and jail is a common outcome even for first-time offenders. Many cases go to trial. Up to 10 and 14 years imprisonment. Learn more about sexual assault and sexual interference defence →
Domestic Assault Defence
Domestic assault allegations carry unique risks. A conviction or charge can affect your job, divorce proceedings, child custody, your ability to remain in the family home, and your reputation in the community. With a criminal record, consequences can be permanent.
Even if the complainant has changed their story, the Crown decides whether charges continue — not the complainant. The Crown makes its decisions based on the public interest, not the wishes of the complainant alone. That said, the complainant’s position is an important factor — and one that an experienced lawyer can leverage in a sensitive and appropriate way to work toward a resolution.
In many cases, a criminal conviction or record can be avoided through skilled and experienced advocacy. We have obtained peace bonds, withdrawn charges, and no-record results for many domestic assault clients across Nanaimo, Vancouver Island, and throughout BC. See our results.
Defences to Assault Charges
Every assault case is different. The right defence depends on the facts, the evidence, and what outcome you need. Call now for an assessment of your case.
Common defences include:
You were defending yourself or another person from force or threatened force, and your response was reasonable in the circumstances.
The complainant consented to the physical contact — relevant in mutual fights, sporting contexts, and certain intimate situations.
Assault requires intentional application of force. If the contact was accidental or not intentional, no assault has occurred.
That said, assault is a “general intent offence.” This means the Crown does not need to prove that you intended the consequences of your actions — only that you intended the initial act of applying force itself. Only where the initial contact was not intentional is there a lack of intent at law.
The Crown cannot prove beyond a reasonable doubt that you were the person who committed the offence.
Complainants and witnesses are not always reliable. Prior inconsistent statements, personal bias or motive to lie, intoxication at the time of events, a history of dishonesty, and the absence of corroborating evidence can all undermine the Crown’s case and raise reasonable doubt.
Police misconduct, an unlawful arrest or search, failure to advise you of your right to counsel, or denial of access to a lawyer can result in evidence being excluded — or charges being stayed entirely.
Many cases are resolved through negotiation. The key factors are the strength of the Crown’s case and the client’s individual circumstances.
Weaknesses in the Crown’s case can be leveraged to negotiate a favourable deal and achieve certainty of outcome. Where the case against the client is stronger, the focus shifts to the client’s personal circumstances.
Strong advocacy at sentencing makes a difference — for example, by leading to no criminal record or jail time.
What Happens After an Assault Charge
Being charged with assault is disorienting. Most people have no idea what comes next. One thing to understand from the outset: the law is not something you can learn through online or AI research.
Criminal law in Canada is built on common law — decades of court decisions that must be found, read, interpreted, and applied correctly. What’s more, most court decisions are not published. Court procedure works the same way: much of it is unwritten practice and custom, known to lawyers through experience, not textbooks.
Here is an overview of the process so you know what to expect.
Not necessarily. Many assault cases resolve without a criminal record — and that is often the primary goal of our advocacy.
A conviction does not always mean a record. A judge can grant a conditional or absolute discharge — a finding of guilt that does not result in a criminal record. This outcome is available where it is in the accused's best interests and not contrary to the public interest, and strong advocacy at sentencing can make the difference.
Beyond discharge, many cases resolve through a peace bond or alternative measures — neither of which involves a finding of guilt or a criminal record at all.
The earlier you retain a lawyer, the more options are available. Early intervention — before charges are even approved, or at the earliest stages of the process — gives us the best chance of achieving a no-record result. See our results.
Before charges are laid, police investigate. They speak to the complainant, interview witnesses, gather evidence, and build a file. Once they believe they have enough, they recommend charges to Crown Counsel — who then decides whether to formally charge you.
This pre-charge stage is critically important and often underestimated. What you say to police during an investigation becomes evidence. A statement that seems innocent or helpful can be used against you in ways you would never anticipate.
We recommend speaking to a lawyer the moment you learn police are involved — before any statement, before any conversation with investigators.
Crown Counsel is supposed to approve charges only where there is a substantial likelihood of conviction. In practice, it can be less rigorous than you might expect. One person’s word is very often enough for a charge to be approved — and sometimes enough for a conviction, particularly without skilful and knowledgeable advocacy on your behalf.
This is why the quality of your lawyer matters from the very beginning. A weak case does not automatically disappear. It takes an experienced lawyer to identify the weaknesses and use them effectively.
After an arrest, police will either release you on an Undertaking or Promise to Appear with conditions, or hold you for a bail hearing. If you are held, a bail hearing must occur within 24 hours. Bail conditions typically include a no-contact order with the complainant and a requirement to reside at a specific address.
Conditions imposed at release can significantly affect your life — your ability to go home, see your children, or continue working. An experienced lawyer can attend your bail hearing and argue for the least restrictive conditions possible.
Your first appearance is the beginning of the court process — not the end. It is largely procedural. Typically, there are appearances every few weeks for the first several months while the case moves through its early stages.
You do not need to attend any of these appearances — we go to court for you.
The purpose of these appearances is for the court to ensure the case is on track. The key work happening in the background includes obtaining disclosure from the Crown, discussions between counsel, and working toward the point where you enter a formal plea.
After charges are laid, the Crown is legally required to provide all of its evidence to the defence — this is called disclosure. It includes police reports, witness statements, 911 recordings, body camera footage, photographs, and anything else gathered during the investigation.
Reviewing disclosure carefully is often where the defence is built. Inconsistencies between witness accounts, gaps in the evidence, and rights violations by police all appear in the disclosure package — and an experienced lawyer knows exactly what to look for.
A common misconception is that the complainant controls whether charges continue. They do not — the Crown does. Crown Counsel makes charging and prosecution decisions in the public interest, and does not easily abandon a case simply because the complainant has had a change of heart.
That said, a complainant’s reluctance to proceed is a significant factor — and one that an experienced lawyer can leverage in a sensitive and appropriate way.
Many assault cases resolve without ever going to trial. Negotiations with Crown Counsel can result in a range of outcomes, including:
Alternative measures — Sometimes called diversion or restorative justice. After completing some programming, the charges are dropped entirely. No criminal record.
Peace bond — A court order requiring you to comply with protective conditions. No crime is admitted, and the charges are withdrawn upon entering into it. No criminal record. Focused on prevention, not punishment.
Conditional or absolute discharge — A finding of guilt that does not result in a criminal record. The idea is to give deserving people a break.
Achieving good results requires identifying the weaknesses in the Crown’s case, knowing the client’s strengths, having good professional relationships with Crown Counsel, and having a reputation for being prepared to go to trial if necessary.
If no resolution is reached, the case proceeds to trial before a judge — or a judge and jury for the most serious matters. The Crown must prove every element of the charge beyond a reasonable doubt. You are presumed innocent.
But a trial is far more than just presenting evidence. It is about strategy and persuasion — how witnesses are cross-examined, how the theory of the defence is built and communicated, and how the case is framed for the judge. These are skills that come only from many years of courtroom experience.
For cases that resolve through negotiation, the process typically takes three to six months from the date of the first court appearance to resolution.
For cases that go to trial, the timeline is longer — typically one to two years, depending on court availability, the number of witnesses, and the complexity of the legal issues involved.
We keep our clients informed throughout and will give you a realistic assessment of timing once we have reviewed your disclosure.
Where We Defend Assault Charges
Zargarian Litigation regularly appears in courts across Vancouver Island and BC. In every jurisdiction we practice, we have built a strong reputation and established working relationships with Crown Counsel and court staff — relationships that benefit our clients in every case.