You’ve been charged with assault, and your court date is approaching. The evidence is stacking up, your nerves are rattled, and then your lawyer asks the question: “Do you want to testify?” That’s when the panic sets in.
Most people assume they’ll have to speak in court to defend themselves, but under Canadian law, that’s not always the case. In fact, staying silent might be the smartest legal strategy in certain situations.
In this blog, we’ll explain when testifying in your own assault trial can help, when it can hurt, and why working with an experienced criminal defence lawyer is critical to making the right decision. You’ll also learn about your rights under the Charter, how courts view silence, and what really happens if you take the stand in Alberta.
Your Right To Remain Silent In Canadian Criminal Trials
In Canada, you are never required to testify at your own criminal trial, including those involving assault charges.
This is rooted in Section 11(c) of the Canadian Charter of Rights and Freedoms, which guarantees that:
“Any person charged with an offence has the right not to be compelled to be a witness in proceedings against that person in respect of the offence.”
This means the prosecution cannot force you to take the stand. You are fully within your legal rights to remain silent throughout the trial, and your silence cannot be used as evidence of guilt.
Should You Testify In An Assault Trial?
Just because you don’t have to testify doesn’t mean it’s always best to stay silent. Whether or not you testify is a strategic decision that should be made in close consultation with your criminal defence lawyer.
Let’s break it down.
When It May Be Beneficial To Testify
When You’re the Only Witness to Crucial Events: If there’s no video, no witnesses, and the case relies on conflicting statements between you and the complainant, your side of the story may be vital.
To Support a Self-Defence Argument: If you’re asserting that you acted to protect yourself under Section 34 of the Criminal Code, your testimony could help establish:
- The threat you perceived
- The reasonableness of your response
- Your state of mind at the time of the alleged assault
To Establish Intent or Lack Thereof: In assault cases, intent matters. Testifying can help clarify that you did not intend to cause harm or that the contact was accidental.
To Show Credibility and Remorse: Sometimes, juries and judges are influenced by how credible and remorseful a defendant appears. Your lawyer may advise you to testify if it strengthens your image.
When You Should Avoid Testifying
If You’re Likely to Be Aggressively Cross-Examined: Crown prosecutors are trained to poke holes in your story. If you’re easily flustered, contradict yourself, or come off as combative, testifying might do more harm than good.
If Your Criminal Record Could Be Brought Up: In some cases, your prior record might be introduced during cross-examination, especially if it’s relevant to credibility.
If the Crown’s Case is Weak: If the prosecution hasn’t met its burden of proof, there’s no need to give them extra material to work with.
Your criminal defence lawyer will help weigh these factors to determine what supports your best legal outcome.
What Happens If You Decide To Testify?
If you choose to testify, the process typically looks like this:
Direct Examination
Your lawyer will begin by asking you questions to establish your version of events. This gives you a chance to explain what happened, your intentions, and any context the court may not otherwise hear.
Cross-Examination
After that, the Crown prosecutor will cross-examine you. They can challenge inconsistencies, press you on your timeline, and attempt to cast doubt on your credibility. This is the most difficult part for most accused individuals.
You will not be allowed to speak freely. All responses must be directed to the questions. And any misstatements, exaggerations, or contradictions can severely damage your defence.
A seasoned criminal defence lawyer will prepare you thoroughly for testimony and may even do mock cross-examinations to help you stay calm and consistent on the stand.
Assault Charges In Alberta: What You’re Up Against
Assault charges in Alberta can range from simple assault to aggravated assault, each carrying different penalties under Section 265 through Section 268 of the Criminal Code.
Even a first-time charge can lead to:
- A criminal record
- Travel restrictions
- Job loss
- Imprisonment
Because of these consequences, every legal strategy matters, including your decision to testify or remain silent. The sooner you consult a criminal defence lawyer, the more options you preserve for a strong defence.
How A Criminal Defence Lawyer Helps You Decide
This decision isn’t just about whether you want to speak. It’s about what’s most strategically sound based on:
- The strength of the Crown’s case
- The evidence available (or missing)
- Your demeanour under pressure
- Applicable defences like self-defence, defence of property, or consent
- Your past criminal history
A skilled criminal defence lawyer in Edmonton will evaluate every piece of your case and guide you through the implications of testifying or choosing not to.
At Slaferek Law, we understand how overwhelming it is to face an assault charge in Edmonton. With extensive experience defending clients in Alberta courts, we provide aggressive, informed, and discreet legal representation tailored to your case.
We focus exclusively on criminal defence law, with a special emphasis on assault-related charges, including sexual assault and domestic assault.
Our commitment is to protect your rights, your reputation, and your future. Contact us today for a confidential consultation.
