Assault Lawyer | Sanctuary Lawyers

Defending Your Rights, Protecting Your Future

Being arrested for assault can have immediate and serious consequences. Charges can arise quickly and often involve more than one version of events, making early legal guidance critical. Assault offences in Ontario range from minor allegations to serious charges involving injury, and each situation requires a clear and structured response.

Even a short period of uncertainty can affect your employment, family life, and long-term record. At Sanctuary Lawyers, we act quickly to assess your situation, build a structured defence, and guide you through the next steps with clarity and purpose. Based in Aurora, we represent clients across Southern Ontario with a focus on practical, strategic defence from the outset.

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What Is Assault Under Canadian Law?

Assault is defined under section 265 of the Criminal Code of Canada and includes the use, attempt, or threat of force against another person without their consent. A charge can be laid even where no physical injury occurs.

In practice, this can include physical contact, attempted strikes, or actions that cause someone to reasonably fear immediate harm. The law is broader than many expect and does not require actual injury.

Assault offences exist on a spectrum. Section 266 covers simple assault, section 267 addresses assault with a weapon or causing bodily harm, and section 268 applies to aggravated assault involving serious injury. The specific charge depends on the facts, the level of force, and the outcome of the incident.

Types of Assault Charges We Defend

Sanctuary Lawyers defends clients facing a wide range of assault-related charges under the Criminal Code of Canada, including:

Simple Assault (s. 266)

Simple assault involves the use, attempt, or threat of force without consent, even where no injury occurs. These cases often arise from disputes that escalate quickly but still carry criminal consequences.

Assault Causing Bodily Harm (s. 267)

This charge applies where an alleged assault results in injury that interferes with a person’s health or comfort. Medical records and evidence often play a central role in these cases.

Aggravated Assault (s. 268)

Aggravated assault involves serious injury, such as wounding, maiming, disfiguring, or endangering life. These are high-stakes charges with significant sentencing exposure.

Domestic Assault

Domestic assault charges arise in the context of intimate partner or family relationships. These cases often involve stricter bail conditions, no-contact orders, and immediate removal from the home.

Assault with a Weapon (s. 267)

This includes situations where an object is used or alleged to be used as a weapon during an assault. The definition of a weapon is broad and can include everyday items depending on how they are used.

What’s the Difference Between Assault and Battery in Canada?

Many people are familiar with the term “battery” from the United States, where assault and battery are treated as separate offences. In Canada, there is no separate offence of battery.

Under section 265 of the Criminal Code of Canada, assault includes both the threat of force and the application of force. This means that physical contact, which is often referred to as “battery” in other jurisdictions, is prosecuted as assault in Canada.

As a result, whether the allegation involves a threat, an attempted strike, or actual physical contact, the charge will typically fall under one of the assault provisions in Canadian law.

Why This Distinction Matters

This distinction affects how charges are laid, how a defence is structured, and what to expect in court. Understanding how Canadian law classifies these allegations is important when preparing a defence and responding to the Crown’s position.

Why Choose Sanctuary Lawyers for Assault Charges

Experience in Ontario Criminal Courts

We regularly represent clients in courts across Southern Ontario and understand how Justices of the Peace and judges assess assault allegations. Our familiarity with Crown positions and courtroom expectations allows us to prepare cases that address the issues that matter most from the outset.

Strategic Case Preparation

Assault charges move quickly, and early intervention can make a meaningful difference. We review disclosure in detail, assess the strength of the Crown’s case, and build a structured defence strategy tailored to the specific facts of your situation.

Client Communication

You will have direct access to your legal team, with a 24-hour response policy for urgent matters. We provide consistent updates so you understand where your case stands and what to expect at each stage.

Boutique Defence Advantage

As a boutique criminal defence firm, we do not operate on volume. Every case receives focused attention, allowing us to develop a personalized approach based on your circumstances and legal priorities.

Our Defence Process

Step 1: Free Consultation

We begin with a confidential consultation to assess your situation, explain your rights, and outline the immediate steps required to protect your position.

Step 2: Disclosure Review

Our team reviews police evidence, witness statements, and all available disclosure to identify inconsistencies, gaps, and potential Charter issues.

Step 3: Defence Strategy

We develop a defence strategy based on the strengths and weaknesses of the Crown’s case. This may involve early resolution discussions or preparing for trial where appropriate.

Step 4: Court Representation

We represent you at all stages of the process, including bail hearings, court appearances, and trial if required, advocating for the best possible outcome based on your circumstances.

Step 5: Ongoing Support

We continue to support you throughout the legal process with regular updates, clear guidance, and responsive communication.

Bail and Early Release Considerations

Assault charges often involve immediate detention or strict release conditions, particularly where there are allegations of violence or prior history. Early action is critical in these situations.

Bail hearings may require a structured release plan, including suitable sureties, proposed conditions, and a clear plan that addresses the court’s concerns. Preparation at this stage can directly impact whether release is granted and under what terms.

For more information on how bail hearings work and how we prepare for them, visit our Bail Hearings Lawyer page.

Potential Consequences of an Assault Conviction

An assault conviction can carry serious and lasting consequences depending on the nature of the charge and the outcome of the case.

This may include a criminal record, potential jail time in more serious cases, and long-term impacts on employment opportunities and professional licensing. Travel restrictions, particularly to countries like the United States, can also arise from a conviction.

Understanding these risks early allows for a more focused and strategic defence.

Our Fees

Sanctuary Lawyers offers flexible and transparent fee options for assault cases. We believe cost should never be a barrier to a strong defence.

Block Fee Model

We typically offer a single block fee that covers all legal services related to your assault case. This provides cost certainty with no unexpected charges, regardless of how the case develops.

Payment Plans

For clients facing financial pressure, we offer structured payment plans. This allows you to focus on your defence without the burden of large upfront costs.

Specific Retainers

If you only require representation for a specific stage, such as a bail hearing, resolution meeting, or trial, we offer targeted retainers tailored to your situation.

Other Areas We Service


In addition to Toronto, Sanctuary Lawyers represents clients across Southern Ontario. Our team regularly assists individuals facing criminal charges in a wide range of cities and regions, providing consistent, strategic defence regardless of location.

Ajax

Barrie

Belleville

Brampton

Brantford

Burlington

Cambridge

Cobourg

Guelph

Hamilton

Kitchener

London

Markham

Mississauga

Newmarket

North York

Niagara Falls

Oakville

Orillia

Oshawa

Orangeville

St. Catharines

Pickering

Richmond Hill

Toronto

Vaughan

Waterloo

Windsor

Frequently Asked Questions

Facing an assault charge can raise immediate questions about what happens next, how the process works, and what the potential outcomes may be. Below are answers to some of the most common questions we hear from clients dealing with assault allegations in Ontario.

Assault includes the use, attempt, or threat of force against another person without their consent under section 265 of the Criminal Code. It does not require physical injury.

In some cases, charges may be withdrawn or resolved depending on the evidence, the circumstances, and the Crown’s position. Early legal intervention can play a role in this process.

Not all assault charges result in jail time. The outcome depends on factors such as the severity of the allegation, prior history, and the strength of the defence.

No. Canadian law does not recognize a separate offence called battery. Conduct that may be referred to as battery in other jurisdictions is prosecuted as assault under the Criminal Code.

Get Immediate Legal Help for an Assault Charge

If you have been charged with assault or are under investigation, the next steps are time-sensitive. Early legal involvement can affect how charges proceed, the outcome of bail, and the overall direction of your case. We are available 24/7 to respond to urgent matters.

We are ready to assess your situation, explain your options, and take immediate steps to protect your rights.

At Sanctuary Lawyers, we don’t just defend cases—we protect futures.

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