What Assault Offences Charges Mean in Ontario
Assault charges under the Criminal Code of Canada range from common assault (Section 265) to more serious offences like assault causing bodily harm (Section 267) and aggravated assault (Section 268).
Common types of assault charges include:
- Simple Assault (s. 265) - Intentional application of force without consent, or threatening to do so
- Assault Causing Bodily Harm (s. 267) - Assault that results in injuries that interfere with health or comfort
- Aggravated Assault (s. 268) - Assault that wounds, maims, disfigures, or endangers life
- Assault with a Weapon (s. 267) - Using or threatening with any object during an assault
- Domestic Assault - Assault against a family member or intimate partner
In Ontario, domestic assault cases are handled seriously by the courts and typically involve special bail conditions, including no-contact orders with the complainant.
Potential Penalties & Consequences
Potential penalties depend on the type of assault:
- Simple Assault (Summary): Up to 2 years less a day in jail and/or a fine
- Simple Assault (Indictable): Up to 5 years imprisonment
- Assault Causing Bodily Harm: Up to 10 years imprisonment
- Aggravated Assault: Up to 14 years imprisonment
Collateral consequences include:
- Weapons prohibition orders
- DNA orders
- Criminal record affecting employment
- Immigration consequences for non-citizens
- Travel restrictions to the United States
- Child custody implications in family law matters
How We Defend Assault Offences Cases
What Happens After an Arrest
If you've been charged with assault in Ontario, here's what typically happens:
- Arrest & Processing: You'll be fingerprinted, photographed, and interviewed by police
- Release or Detention: Depending on circumstances, you may be released with conditions or held for a bail hearing
- Bail Conditions: Often include no-contact with the complainant, geographic restrictions, and possibly a surety
- Disclosure: Your lawyer will obtain the Crown's evidence against you
- Court Appearances: Multiple court dates leading to resolution, plea, or trial
Important: Do not contact the complainant, even if they reach out to you. Violating bail conditions leads to additional charges.
Frequently Asked Questions
Can assault charges be dropped in Ontario?
The Crown Attorney decides whether to proceed with charges, not the complainant. However, through effective defence work including challenging evidence, negotiating with the Crown, and presenting mitigating factors, charges can sometimes be withdrawn, stayed, or resolved through alternative measures like a peace bond.
What if the other person started the fight?
Self-defence is a recognized defence under Section 34 of the Criminal Code. If you used reasonable force to protect yourself from a threat, this may be a complete defence to assault charges. The force used must be proportional to the threat faced.
Will I go to jail for a first-time assault charge?
Not necessarily. First-time offenders with no criminal record often receive non-custodial sentences such as conditional discharges, probation, or peace bonds for minor assaults. However, aggravated assault and domestic assault cases are treated more seriously by the courts.
Can I still see my family during a domestic assault case?
Bail conditions typically prohibit contact with the complainant. However, your lawyer can apply to vary these conditions in certain circumstances, especially when children are involved. Any contact must be court-approved.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.