Assault Lawyer in Manitoba: What to Do After a Charge

What to do right now if you were charged with assault in Manitoba

Being arrested or charged with assault is frightening, but you have rights, and a few careful steps now can protect you later. Remember that you are presumed innocent. A charge is an accusation, not a finding of guilt.

• Use your right to a lawyer. Under the Charter, you have the right to speak with a lawyer without delay after arrest or detention. Ask for one, and wait to speak with them before answering questions.
• Use your right to stay silent. You do not have to explain your side to police. Statements made in the moment, even ones meant to clear things up, can be used as evidence.
• Follow your release conditions exactly. If you were released on an undertaking or a release order, you may have conditions such as no contact with the complainant (the person who made the complaint), staying away from certain places, or not possessing weapons. Breaking a condition is a separate criminal offence.
• Keep every piece of paper. Your appearance notice, undertaking or release order lists your conditions, your first court date and sometimes a date for fingerprints. Keep them safe and bring copies to any lawyer you meet.
• Do not miss your first court date. Missing it can lead to a warrant for your arrest.

If you would like help, you can request a free, confidential first consultation through the form on this page.

How an assault case moves through the courts in Manitoba

In Manitoba, police generally lay the assault charge. A Crown attorney (the prosecutor) with the Manitoba Prosecution Service then reviews the file and decides whether to continue, change or stay the charge.

1. First appearance. Most assault cases start in the Provincial Court of Manitoba. The first appearance is usually short. You or your lawyer, or duty counsel, can appear and ask for the Crown's evidence.
2. Disclosure. The Crown must give you the evidence it has, such as police notes, witness statements, photos, medical records and any video. Your lawyer reviews it before you make any decisions.
3. The Crown's election. Assault level 1 under sections 265 and 266 of the Criminal Code is a hybrid offence. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment. If it proceeds by indictment, you may be able to choose a trial in Provincial Court or in the Court of King's Bench.
4. Resolution or trial. Many cases are resolved through discussions between defence and Crown, which may lead to a withdrawal, a peace bond or another outcome. Others go to trial, where the Crown must prove the charge beyond a reasonable doubt.

Timelines vary. A simple case may take a few months; a contested one can take a year or more. The Charter gives you the right to be tried within a reasonable time.

What an assault lawyer can do for you

Assault covers a wide range of situations, from a shove during an argument to a fight outside a bar. An assault lawyer looks closely at what actually happened and what the Crown can prove.

• Self-defence. The law allows reasonable force to protect yourself or someone else. A lawyer can assess whether self-defence applies and how to raise it.
• Consent. In some situations, such as sports or mutual horseplay, consent may be an issue. The limits of consent are technical, so legal advice matters here.
• Injuries and the level of charge. Whether there was bodily harm or a weapon can change the charge from level 1 to level 2. A lawyer can review medical evidence and challenge overcharging.
• Witnesses and video. Accounts often conflict. A lawyer can test witness credibility, look for surveillance or phone video, and identify witnesses police did not speak to.
• Your rights. If police breached your Charter rights, for example by delaying access to a lawyer, some evidence may be excluded.
• Bail and conditions. A lawyer can ask to change conditions that keep you from home, work or your children.

Assault in Manitoba: what the numbers show

According to Statistics Canada police-reported data (table 35-10-0177), covering the whole province of Manitoba, police recorded 13,840 incidents of assault level 1 in 2025, a rate of 916.74 per 100,000 people. That year, 5,166 persons were charged. Canada's rate was 528.07, so Manitoba's rate was well above the national level.

Year	Manitoba level 1 rate	Incidents	Canada rate
2016	834.08	10,961	441.95
2019	880.05	12,057	500.25
2023	981.62	14,280	523.65
2024	940.73	14,037	525.88
2025	916.74	13,840	528.07

The rate rose to a peak in 2023 and has eased slightly in each of the two years since. Assault level 2 (with a weapon or causing bodily harm) followed a similar path: 466.98 per 100,000 in 2025 with 7,050 incidents, down from 533.84 in 2023, compared with 214.19 nationally.

Manitoba's overall Crime Severity Index was 130.04 in 2025 (violent index 194.55), down 8.85% from the year before. See more at Manitoba crime statistics and Manitoba crime news.

Possible penalties and other consequences

For assault level 1, the maximum is five years in prison if the Crown proceeds by indictment. By summary conviction, the maximum is two years less a day and/or a fine of up to $5,000. Many cases end with much lower outcomes, and a discharge, peace bond or withdrawal may be possible depending on the facts.

A conviction can still bring a criminal record, which may affect travel (especially to the United States), immigration status for non-citizens, and jobs that require a background check. Read the guide to being charged with assault in Manitoba or the national guide to assault for details.

Choosing a lawyer and paying for one

When you speak with a lawyer, consider asking:

• How often do you handle assault cases in Manitoba courts?
• What are the possible outcomes in a case like mine?
• Who will actually appear in court for me?
• How do you bill, and what will the total likely include?

Fees vary with the complexity of the case and whether it goes to trial, and are discussed at the first meeting. If your income is limited, you may qualify for Legal Aid Manitoba. Duty counsel, a free lawyer available at court, can help with your first appearance or bail, but usually cannot take on your whole case.

If you are the complainant or victim

If you were assaulted, you can report it to police, and you can ask police or the Crown to connect you with victim support services in Manitoba. Release conditions often order the accused to have no contact with you; tell police if those conditions are broken. You can also get your own confidential legal advice through a free victim consultation.

Free, confidential consultation

Crime Canada is not a law firm and does not give legal advice. When you fill in the form on this page, or go to the free consultation page, your request is passed to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation. The first consultation is free and confidential. No lawyer-client relationship exists until you and the lawyer both agree to work together.

This page is general information, not legal advice. Every case depends on its own facts, so speak with a lawyer about your situation.

Frequently asked questions

How much does an assault lawyer in Manitoba cost?

It depends on the facts, how complex the case is, and whether it resolves early or goes to trial. Lawyers bill in different ways, so ask about fees and what they include at the first meeting. If your income is limited, you may qualify for Legal Aid Manitoba, and duty counsel at court can help with early steps such as bail or a first appearance at no cost.

Do I need a lawyer for a first-offence assault charge?

You are not required to have one, but it is often wise. Even a first-offence assault charge can lead to a criminal record that affects travel, immigration and work. A lawyer can review disclosure, spot defences like self-defence, and discuss whether outcomes such as a withdrawal, peace bond or discharge may be possible in your case. Outcomes depend on the facts.

Can I go home if my release conditions say no contact with the complainant?

Not if the complainant lives there and your conditions forbid contact or going to that address. Breaking a condition is a separate offence, even if the complainant invites you back. A lawyer may be able to ask the Crown or the court to change the conditions. Until a change is made in writing, follow the conditions exactly.

Can the complainant drop an assault charge in Manitoba?

No. Once police lay a charge, the decision to continue belongs to the Crown attorney with the Manitoba Prosecution Service, not the complainant. The complainant's wishes may be considered, but the Crown can proceed without them. A lawyer can speak with the Crown on your behalf about how the case may move forward.

What court will my assault case be in?

Most assault cases in Manitoba begin in the Provincial Court of Manitoba. If the Crown proceeds by indictment, you may be able to choose a trial in the Court of King's Bench instead. Your first appearance date and location are on your release paperwork. Bring it to your lawyer.

Will an assault charge give me a criminal record?

A charge alone is not a conviction, and you are presumed innocent. A record usually follows a conviction. Some outcomes, such as a withdrawal or peace bond, do not result in a conviction, and a discharge is not a conviction either, although records of it can exist for a period. A lawyer can explain which outcomes may be realistic for you.