This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Assault is one of the most commonly charged offences in Toronto and across Ontario. Under section 265 of the Criminal Code, an assault is the intentional application of force to another person without consent, and the charge can arise from anything from a shove to a punch, no injury required. A first offence rarely results in jail, but a conviction creates a criminal record with lasting employment, travel, and immigration consequences, which is why the defences and the available resolutions matter.
What is assault under Canadian law?
Section 265 of the Criminal Code sets out three ways an assault can be committed:
- Intentionally applying force to another person, directly or indirectly, without their consent. The force can be minor; no injury or pain is required.
- Attempting or threatening, by an act or gesture, to apply force, where the other person reasonably believes it will happen. Words alone are not an assault, but words plus a raised fist can be.
- Accosting or impeding a person while openly carrying a weapon or an imitation of one.
The basic offence is charged under section 266. To convict, the Crown must prove identity, an intentional application (or threat) of force, and the absence of consent, all beyond a reasonable doubt. Where injuries result, the charge escalates: assault causing bodily harm where the harm is more than trifling, and aggravated assault where the complainant is wounded, maimed, disfigured, or their life is endangered. Where the complainant is an intimate partner, the case proceeds as a domestic assault.
Penalties for assault in Ontario
Assault under section 266 is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 5 years in prison; on summary conviction, the maximum is 2 years less a day. In practice, sentences in Ontario span the full range: withdrawal of the charge (sometimes with a peace bond or after community-based programming), an absolute or conditional discharge, probation, and jail in more serious cases or for people with related records. A conviction can also bring weapons prohibitions, DNA orders in some circumstances, and immigration consequences for non-citizens. From July 15, 2026, an assault against a first responder or a public transit worker is also a statutory aggravating factor at sentencing. For a first-time accused with a minor allegation, the realistic fight is often about avoiding a criminal record altogether.
Possible defences to an assault charge
Depending on the evidence, defences may include:
- Self-defence: section 34 of the Criminal Code permits reasonable force in response to force or threatened force. Courts look at the whole picture, including the nature of the threat, proportionality, and whether there were other options.
- Defence of another person or of property, under sections 34 and 35.
- Consent: a consensual fight can be a defence, but the Supreme Court has held that consent is vitiated where serious bodily harm is both intended and caused, so the scope of this defence depends on the facts.
- No intentional force: accidental or reflexive contact, or contact that is part of the ordinary jostling of daily life, is not an assault.
- Identity and reliability: mistaken identification in chaotic incidents, poor lighting or video quality, and inconsistencies between witness accounts.
- Charter issues and delay, including unreasonable delay under section 11(b) and the Jordan framework.
Frequently asked questions
Will I go to jail for a first assault charge?
Usually not for a minor, first-time allegation in Ontario. Common outcomes include withdrawal, a peace bond, a discharge, or probation. Jail becomes realistic where there are injuries, weapons, a related record, or other aggravating features. Outcomes depend on the evidence in each case.
Will an assault conviction give me a criminal record?
A conviction does. However, many first-time assault charges in Ontario resolve without a conviction, through withdrawal, a peace bond, or a discharge. Whether those options are realistic depends on the allegation and the Crown's position.
Is it still assault if it was a mutual fight?
Not necessarily. Consent can be a defence to a consensual fight, but the defence has limits: consent does not apply where serious bodily harm was both intended and caused. Who started it, what was agreed to, and what force was actually used all matter.
How does self-defence work in Canada?
Section 34 of the Criminal Code allows a person to use reasonable force to protect themselves or someone else from force or the threat of it. The response must be reasonable in the circumstances, which courts assess using factors such as the nature of the threat, proportionality, and the history between the people involved.
Can the complainant drop an assault charge?
No. In Ontario, the Crown alone decides whether a charge proceeds. A complainant's wishes are considered but are not decisive, particularly in domestic cases.
Do I need a lawyer for an assault charge?
An assault file involves disclosure review, potential Charter and credibility issues, and negotiation over resolutions that avoid a record. A criminal defence lawyer can assess the realistic outcomes early and protect against avoidable consequences.
Charged with assault? Contact us
This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Sewrattan Criminal Lawyers defends assault charges of every kind across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Domestic Assault, Assault Causing Bodily Harm, and Aggravated Assault.