Assault Defence

Assault Charges in Ontario

Assault is one of the most commonly laid criminal charges in Ontario. The term covers a wide spectrum of conduct — from an unwanted push during an argument to a serious altercation causing significant injuries. Because the legal definition of assault is broad, many people are surprised to learn that no actual injury is required for the charge to be laid. Even the threat of force, if the complainant reasonably believed it would be carried out, can constitute an assault.

Levels of Assault and Their Penalties

The Criminal Code defines several categories of assault, each carrying progressively more severe maximum penalties:

Simple Assault (Section 265)

This is the most basic form of the charge. It covers any intentional application of force to another person without their consent, or any attempt or threat to apply force. Simple assault is a hybrid offence — the Crown can proceed summarily (less serious) or by indictment (more serious), depending on the circumstances. The maximum penalty on indictment is 5 years imprisonment.

Assault Causing Bodily Harm (Section 267(b))

Where the complainant suffers injuries that are more than merely trifling or transient — such as broken bones, lacerations requiring stitches, or concussions — the charge is elevated to assault causing bodily harm. The maximum penalty is 10 years imprisonment.

Assault with a Weapon (Section 267(a))

Using an object as a weapon during an assault — or even threatening to use one — triggers this charge. “Weapon” is broadly defined and can include everyday objects like a bottle, a vehicle, or even a shoe. The maximum penalty is 10 years imprisonment.

Aggravated Assault (Section 268)

This is the most serious assault charge short of attempted murder. It applies where the complainant is wounded, maimed, disfigured, or their life is endangered. Examples include stabbings, severe beatings, and attacks causing permanent scarring. The maximum penalty is 14 years imprisonment.

What Happens After You Are Charged

If you are arrested for assault, you will either be released from the police station with conditions (an Undertaking) or held in custody for a bail hearing. Common release conditions include:

• No contact with the complainant
• No attendance at specified locations (the complainant’s home, workplace, etc.)
• No possession of weapons
• Curfew or reporting requirements

Breaching any of these conditions is a separate criminal offence that can result in your arrest and detention until trial.

Our Defence Strategy

1. Self-Defence (Section 34)

Under Section 34 of the Criminal Code, you may have a complete defence if you reasonably believed that force was being used or threatened against you and your response was reasonable in the circumstances. The law considers several factors: the nature of the threat, whether any weapons were involved, the size and strength of the parties, the history between the parties, and whether you had any reasonable alternative. We gather evidence — including witness statements, surveillance footage, medical records, and prior communications between the parties — to build a comprehensive self-defence claim.

2. Consent

In certain circumstances, the complainant’s consent to physical contact is a valid defence. This arises most commonly in the context of contact sports, consensual sparring, or mutual altercations where both parties willingly engaged in a physical confrontation. However, consent has limits — it is generally not available as a defence where serious bodily harm was intended and caused.

3. Credibility and Reliability Challenges

Many assault cases come down to one person’s word against another’s, particularly where there are no independent witnesses. The complainant’s account must be scrutinized carefully. We meticulously review all available evidence — police notes, body-worn camera footage, 911 recordings, text messages, social media posts, medical records, and bystander videos — to expose inconsistencies, contradictions, and potential motivations to fabricate or exaggerate. In many cases, the complainant’s own prior statements to police differ from their testimony at trial, and these inconsistencies can be decisive.

4. Charter Challenges

We scrutinize the police investigation for violations of your constitutional rights. Common issues include:

• Statements taken without a proper right to counsel warning
• Unlawful arrests based on insufficient grounds
• Failure to preserve relevant evidence (such as surveillance footage or body-cam recordings)
• Improper identification procedures

Evidence obtained in breach of your Charter rights may be excluded at trial under Section 24(2), which can fatally undermine the Crown’s case.

5. Alternative Resolutions

Where appropriate and in your best interests, we negotiate resolutions that avoid a criminal record entirely. Depending on the circumstances, these may include:

• Peace bonds (Section 810): The charges are withdrawn in exchange for entering into a recognizance to keep the peace.
• Diversion or direct accountability programs: Community service or counselling in exchange for a withdrawal.
• Charitable donations: In less serious cases, the Crown may agree to withdraw charges following a donation to a victim services organization.

Collateral Consequences

An assault conviction can have far-reaching consequences beyond the criminal sentence:

• Employment: A criminal record for violence can disqualify you from many jobs, particularly in healthcare, education, finance, and government.
• Travel: A conviction may result in being denied entry to the United States or other countries.
• Immigration: Non-citizens may face deportation proceedings or be found inadmissible to Canada.
• Family law: A conviction can significantly impact custody and access disputes.
• Professional licensing: Regulated professionals (lawyers, nurses, teachers, etc.) face potential disciplinary proceedings.

We consider these collateral consequences at every stage and tailor our approach to protect not just your liberty but your future.

Related Resources

• Domestic Assault Defence — if the charge involves a partner or family member, specialized rules apply
• Uttering Threats — often charged alongside assault
• Breach of Conditions — understand your bail conditions and the consequences of non-compliance
• How Can They Charge Me With No Evidence? — understanding credibility contest cases
• Collecting Digital Evidence — preserving texts, social media, and other evidence for your defence
• Your Charter Rights in a Criminal Case — how constitutional violations can get evidence excluded

Charged with assault? Contact us 24/7 for a confidential evaluation of your case.