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Charged, or someone you know
A statement given before you have advice is difficult to take back. Speak to a lawyer first.
Assault Charges. What The Crown Must Prove
Assault charges often arise from a single moment that got out of hand, and the account the police recorded may not be the whole account. This page explains the elements of the offence, the defences, and how these cases usually end.
Section 265 of the Criminal Code defines assault as the intentional application of force to another person without their consent. Consent, self-defence under section 34 and reasonable doubt are all live answers to that allegation.
Assault Defence
5Years
Maximum, Assault by Indictment
10Years
Maximum, Assault Causing Bodily Harm
12Months
Summary Limitation Period
810CC
Peace Bond Provision
Quick Answer
What should I do if I have been charged with assault in Toronto?
Read your release conditions immediately and follow them exactly, especially any no-contact term, even if the complainant reaches out to you. Do not discuss the incident with anyone but your lawyer. Preserve messages, photographs and witness names. Then retain counsel before your first appearance so disclosure can be requested and the conditions reviewed.
Tell us briefly what is going on. A lawyer reviews every enquiry and replies within 24 hours on business days.
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THE OFFENCE
How the Criminal Code Defines Assault
Section 265 of the Criminal Code defines assault broadly. A person commits an assault when, without the consent of another person, they intentionally apply force to that person directly or indirectly; when they attempt or threaten by an act or gesture to apply force and cause the other person to believe on reasonable grounds that they have the present ability to do so; or when, while openly wearing a weapon, they accost or impede another person. No injury is required. A push, a grab or a thrown object that makes contact can each satisfy the definition.
Section 266 sets the punishment for simple assault: a hybrid offence, punishable by up to five years imprisonment if the Crown proceeds by indictment, or by summary conviction. Section 267 covers assault with a weapon, assault causing bodily harm and choking, and carries a maximum of ten years by indictment. Section 268 covers aggravated assault, where the complainant is wounded, maimed, disfigured or their life is endangered, and carries a maximum of fourteen years.
The Crown's election matters. On a summary election the exposure is capped at two years less a day, the matter stays in the Ontario Court of Justice, and section 786(2) requires the charge to have been laid within twelve months of the alleged offence. Persuading a Crown to elect summarily is frequently the first practical objective on a first-time assault file.
SEVERITY
The Different Assault Charges
Charge
Section
What distinguishes it
Maximum by indictment
Assault
266
Application of force without consent; no injury required
5 years
Assault with a weapon
267(a)
Any object used or threatened as a weapon, including everyday items
10 years
Assault causing bodily harm
267(b)
Hurt or injury that is more than merely transient or trifling
10 years
Choking, suffocating or strangling
267(c)
Conduct that interferes with breathing, added in 2019
10 years
Aggravated assault
268
Wounding, maiming, disfiguring or endangering life
14 years
Assaulting a peace officer
270
Complainant is a peace officer acting in the execution of duty
5 years
Uttering threats
264.1
Threat of death or bodily harm; no contact required
5 years
The line between simple assault and assault causing bodily harm is often disputed. Bodily harm is defined in section 2 as hurt or injury that interferes with health or comfort and is more than merely transient or trifling. Bruising that resolves in a day and a fracture are not the same thing, and where the injury is at the margin the charge itself is a proper subject of negotiation.
DEFENCES
Self-Defence, Consent and Doubt
Self-defence was rewritten in 2013 and now sits in a single provision. Section 34 applies where a person believes on reasonable grounds that force or a threat of force is being used against them or another person, acts for the purpose of defending themselves or that other person, and acts in a way that is reasonable in the circumstances. Section 34(2) lists the factors a court weighs, including the nature of the threat, whether weapons were involved, the relative size and age of the parties, the history between them, and whether other means of responding were available. Section 35 covers defence of property.
Once there is an air of reality to self-defence, the burden does not shift. It remains on the Crown to disprove it beyond a reasonable doubt. That is a demanding standard, particularly where the only witnesses are the two people involved and their accounts diverge.
Consent is a defence to simple assault, but section 265(3) removes consent obtained by force, threats, fraud or the exercise of authority, and the law limits consent to the intentional infliction of serious bodily harm in a fight. Identification, accident, reflex, and the absence of the required intent are all live issues. So is credibility: many assault trials come down to whether the complainant's account, tested against prior statements, the timing of the complaint, injuries or their absence, and any motive, leaves a reasonable doubt.
RESOLUTION
How Assault Files Usually End
1
Release and conditions
Most people charged with simple assault are released on an undertaking, commonly with a condition not to communicate with the complainant or attend a particular address. Those conditions bind you even if the complainant contacts you.
2
Disclosure and assessment
Counsel obtains the Crown brief under the Stinchcombe duty and reviews the statements, any medical records, 911 audio and video.
3
Crown pre-trial
Where the injury is minor, the accused has no record and the incident is out of character, the Crown may consider diversion, a peace bond, or a plea to a lesser charge.
4
Peace bond or diversion
A peace bond under section 810 ends the charge with a promise to keep the peace for up to twelve months and no finding of guilt and no criminal record. Diversion under section 717 works similarly through counselling or community service.
5
Trial
Where the allegation is denied or self-defence applies, the matter proceeds to trial in the Ontario Court of Justice and the Crown must prove every element beyond a reasonable doubt.
The complainant cannot drop the charge
In Canada, charges are laid and prosecuted by the Crown, not by the complainant. A complainant who no longer wishes to proceed can tell the Crown so, and that view is one factor the Crown considers, but the decision belongs to the Crown alone. If you are subject to a no-contact condition, do not contact the complainant to ask them to withdraw the charge. Doing so is a separate offence and will make the underlying case considerably worse.
EVIDENCE
What to Preserve and What to Avoid
Assault allegations are frequently decided on the evidence that surrounded the incident rather than on the moment itself. Messages exchanged before and after, the names and contact details of anyone present, photographs of injuries on either party, clothing, and the location of any nearby camera are all more available in the first week than they will be in six months. Security footage from a bar, a store, a lobby or a bus is routinely overwritten within days, and a preservation request has to be made quickly to have any effect.
What to avoid is equally important. Do not contact the complainant, directly or through a friend or relative, where a no-contact condition applies. Do not post about the incident. Do not delete messages, even those you think reflect badly on you; deletion can be discovered and is far more damaging than the content. Do not approach potential witnesses to discuss what they should say. Give everything to your lawyer and let counsel decide what is useful.
If you were injured yourself, seek medical attention and make sure the records reflect what happened. In a case where self-defence is in issue under section 34, the presence or absence of injuries on both parties is often the most objective evidence available, and a record created at the time carries far more weight than a description given months later.
SENTENCING
The Range on an Assault Conviction
Where a finding of guilt is made, the sentence is governed by the principles in sections 718 to 718.2 of the Criminal Code: proportionality to the gravity of the offence and the degree of responsibility of the offender, parity with similar cases, and restraint in the use of imprisonment. For a first-time offender convicted of simple assault where the injuries were minor, the realistic range runs from a discharge through a fine or a suspended sentence with probation. Where there was a weapon, significant injury, an attack on a vulnerable person, or a related record, the range moves upward and can include custody.
Section 718.2(a) lists statutory aggravating factors, including evidence that the offence was motivated by bias or hatred, that it involved abuse of an intimate partner or a member of the victim's family, that it involved abuse of a person under eighteen, or that it involved abuse of a position of trust or authority. Mitigating factors include a genuine expression of remorse, an early guilty plea, steps taken toward counselling, and the absence of any prior record.
Ancillary orders often accompany an assault conviction. Section 109 makes a weapons prohibition mandatory where violence was used, threatened or attempted and the offence carries a maximum of ten years or more, and section 110 gives the court a discretion to impose one in other cases. A DNA order under section 487.051 may be available for a secondary designated offence. These are part of the sentence and are worth addressing in submissions rather than treating as automatic.
RELATED CHARGES
Threats, Harassment and Mischief
Assault is frequently charged alongside other offences arising from the same incident, and each has different elements. Uttering threats under section 264.1 does not require any contact at all: the Crown must prove that words or conduct conveyed a threat to cause death or bodily harm, to damage property, or to kill or injure an animal, and that the accused intended the words to be taken seriously. Context matters, and words spoken in obvious frustration without any intention that they be taken as a threat are not automatically an offence.
Criminal harassment under section 264 requires repeated conduct, following, watching or threatening behaviour that causes the complainant reasonably in all the circumstances to fear for their safety, and knowledge or recklessness as to that fear. Mischief under section 430 covers damage to property, and forcible entry and confinement charges sometimes appear where a dispute escalated inside a residence. Where an incident involved several people, parties liability under section 21 may be alleged, which requires proof of actual assistance or encouragement rather than mere presence.
Multiple counts on an information are not necessarily bad news. They often reflect a Crown charging conservatively at the outset, and the number of counts frequently reduces once disclosure has been reviewed and a Crown pre-trial held. What matters is the strength of the evidence supporting each element of each count, examined individually rather than as a group.
ACTING FOR YOU
A Considered Approach
Assault charges reach people who have never been in a courtroom. The immediate priorities are practical: getting conditions varied where they interfere with work, housing or access to your children; obtaining full disclosure; and preserving evidence such as messages, photographs of injuries, or the names of witnesses who saw what happened before the police arrived. Those things are easiest to secure in the first weeks.
Assault matters may be handled by Lexaltico LLP or referred to experienced criminal defence counsel within our LexKonnect consortium where the nature of the charge or the trial schedule makes that the better course. Any referral is disclosed to you in writing before it takes effect and complies with Rule 3.6-6.1 of the Law Society of Ontario's Rules of Professional Conduct. Your interests govern the choice of counsel, and that choice is always yours to make.
Common Questions
Frequently Asked Questions
What should I do if I have been charged with assault in Toronto?
Read your release conditions immediately and follow them exactly, especially any no-contact term, even if the complainant reaches out to you. Do not discuss the incident with anyone but your lawyer. Preserve messages, photographs and witness names. Then retain counsel before your first appearance so disclosure can be requested and the conditions reviewed.
Can the complainant drop an assault charge?
No. In Canada the Crown decides whether a prosecution continues, not the complainant. A complainant may tell the Crown they do not wish to proceed and that is considered, but the decision rests with the Crown. Contacting a complainant to ask them to withdraw is a separate offence where a no-contact condition is in place.
What is the difference between assault and assault causing bodily harm?
Simple assault under section 266 requires only the intentional application of force without consent, with no injury needed. Assault causing bodily harm under section 267(b) requires hurt or injury that interferes with health or comfort and is more than merely transient or trifling. The maximum rises from five years to ten years by indictment.
How does self-defence work in Canadian law?
Section 34 of the Criminal Code applies where you believed on reasonable grounds that force or a threat of force was being used against you or another person, you acted to defend against it, and your response was reasonable in the circumstances. Section 34(2) lists factors including the nature of the threat, weapons, relative size, and available alternatives. The Crown must disprove it beyond a reasonable doubt.
Can I avoid a criminal record on an assault charge?
Often, yes. A peace bond under section 810 ends the charge without any finding of guilt. Diversion under section 717 does the same through counselling or community service. Where a finding of guilt occurs, a discharge under section 730 results in no conviction being registered. Which route is realistic depends on the injuries, your record and the disclosure.
What is a peace bond?
A recognizance under section 810 in which you agree to keep the peace and be of good behaviour, usually for up to twelve months, often with conditions such as no contact. It is not an admission of guilt and does not create a criminal record. The charge is withdrawn when the bond is entered. Breaching it is a separate offence under section 811.
Will an assault charge affect my job or my immigration status?
A charge alone can affect employment screening and licensing in some fields, and a conviction can create inadmissibility for criminality under the Immigration and Refugee Protection Act. Tell your defence counsel about your status and your occupation at the first meeting, because it changes which resolutions are acceptable.
How long does an assault case take in Ontario?
A matter resolved by peace bond or diversion often finishes within three to six months. A contested trial in the Ontario Court of Justice usually takes closer to a year. R. v. Jordan sets a presumptive ceiling of 18 months from charge to the anticipated end of trial in provincial court.
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Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
