Being charged with assault is frightening, and it often happens fast. An argument that got out of hand, a scuffle outside a bar, or a call to police during a family dispute can turn into an arrest, release conditions and a court date within hours.
At Sanctuary Lawyers, we understand how much a charge can put at risk, from your job and your family to your immigration status and your reputation. A charge is not a conviction, and there are usually more options than people expect.
This guide explains what assault means under the Criminal Code, the types of assault charges in Ontario, the maximum penalties, what changed in 2026, and what to expect as a case moves through court.
Disclaimer: This article provides general information about Ontario and Canadian law as of October 2026. It is not legal advice, and every case is different. If you have been charged with assault, speak with a criminal defence lawyer about your situation.
Key Facts
- Assault does not require an injury. Under section 265 of the Criminal Code, it includes applying force, attempting or threatening to apply force, and certain conduct while carrying a weapon.
- Most assault charges are hybrid offences, which means the Crown can proceed by indictment (the more serious route) or by summary conviction.
- Common assault carries a maximum of five years on indictment. Assault with a weapon, assault causing bodily harm and choking carry up to 10 years. Aggravated assault carries up to 14 years.
- None of the assault offences in sections 266 to 269 has a mandatory minimum sentence.
- 2026 brought new rules on bail where choking is alleged, a new offence for violence against an intimate partner, and rewritten diversion rules.
- A maximum penalty is a ceiling, not a prediction. What happens in your case depends on the facts, your history and the evidence.
What Counts as Assault Under Canadian Law?
Section 265 of the Criminal Code is the definition section for assault. It describes three forms, and a person commits assault when they do any of the following without the other person's consent:
- Intentionally apply force to another person, directly or indirectly.
- Attempt or threaten, by an act or a gesture, to apply force to another person, if they have (or cause that person to believe on reasonable grounds they have) a present ability to carry out the threat.
- Accost or impede another person while openly wearing or carrying a weapon or an imitation of a weapon.
That means a shove, a punch that misses, and raising a fist while stepping toward someone can all fall within the definition. Touching is not required, and neither is injury.
Consent and Assault
Consent matters, but it has limits. Under section 265(3), no valid consent exists where a person submits or does not resist because of force, threats or fear of force (including force or threats directed at someone other than the complainant), fraud, or the exercise of authority.
Types of Assault Charges in Ontario
The Criminal Code uses the word "assault" for all of these offences, but it sets out several levels with different penalties. The table below summarises the most common non-sexual assault charges.
| Charge | Criminal Code | Classification | Maximum if prosecuted by indictment | If prosecuted summarily |
|---|---|---|---|---|
| Assault | s. 266 | Hybrid | 5 years | Up to $5,000 and/or two years less a day |
| Assault with a weapon, assault causing bodily harm, or choking, suffocating or strangling | s. 267 | Hybrid | 10 years | Up to $5,000 and/or two years less a day |
| Aggravated assault | s. 268 | Indictable only | 14 years | Not available |
| Unlawfully causing bodily harm | s. 269 | Hybrid | 10 years | Up to $5,000 and/or two years less a day |
| Assaulting a peace officer | s. 270 | Hybrid | 5 years | Up to $5,000 and/or two years less a day |
| Assaulting a peace officer with a weapon or causing bodily harm | s. 270.01 | Hybrid | 10 years | Up to $5,000 and/or two years less a day |
| Aggravated assault of a peace officer | s. 270.02 | Indictable only | 14 years | Not available |
The summary figures come from section 787(1) of the Criminal Code, which sets the general maximum for summary conviction offences. The maximums in the table are for the offences on their own. Different maximums can apply when the complainant is an intimate partner (see below).
Assault (Section 266)
This is the basic charge, often called simple or common assault. It covers any of the three forms in section 265, and no injury is required. The Crown can proceed by indictment, with a maximum of five years, or by summary conviction.
Assault With a Weapon, Assault Causing Bodily Harm, and Choking (Section 267)
Section 267 applies when, in committing an assault, a person does one of three things:
- Carries, uses or threatens to use a weapon or an imitation of a weapon.
- Causes bodily harm to the complainant.
- Chokes, suffocates or strangles the complainant.
"Bodily harm" is defined in section 2 of the Criminal Code as any hurt or injury that interferes with the health or comfort of the person and is "more than merely transient or trifling in nature." In practice, the question is whether the injury goes beyond something minor and passing.
Choking, suffocating or strangling was added to section 267 as its own category in September 2019. As explained below, it also now triggers a reverse onus at bail.
Aggravated Assault (Section 268)
Aggravated assault applies when a person wounds, maims, disfigures or endangers the life of the complainant. It is an indictable-only offence, so the Crown cannot proceed summarily, and the maximum is 14 years.
Unlawfully Causing Bodily Harm (Section 269)
Section 269 covers unlawfully causing bodily harm to any person. It is a hybrid offence with a maximum of 10 years on indictment.
Assaulting a Peace Officer (Sections 270 to 270.02)
The Criminal Code has separate offences for assaulting police officers and other peace officers. Section 270 covers assaulting a peace officer or public officer engaged in their duties, and carries up to five years on indictment. Section 270.01 applies when a weapon is involved or bodily harm is caused (up to 10 years), and section 270.02 covers wounding, maiming, disfiguring or endangering life (up to 14 years, indictable only).
Sexual Assault
Sexual assault (sections 271 to 273) is a separate category with its own penalties and rules. This guide focuses on non-sexual assault, and sexual assault charges require their own legal advice.
What Is the Penalty for Assault in Ontario?
Hybrid Offences: Indictable vs. Summary
A hybrid offence can proceed in one of two ways. If the Crown proceeds by indictment, the higher maximums in the table apply. If the Crown proceeds summarily, the maximum is a fine of up to $5,000, up to two years less a day in jail, or both. The prosecutor decides which route to take, and this decision is called an election.
The election matters because it affects the maximum penalty and the court process. It is one of the first things your lawyer will ask about.
No Mandatory Minimum Sentences
None of the offences in sections 266 to 269 has a mandatory minimum penalty. This means a judge has discretion to impose a sentence that fits the facts, including a discharge or a sentence served in the community in appropriate cases.
When the Complainant Is an Intimate Partner
In July 2026, a new offence came into force in the Criminal Code: section 263.1, violence against an intimate partner. It applies where violence is used, threatened or attempted against an intimate partner in the course of an "included offence." When it applies, the maximum penalty on indictment depends on the maximum for the underlying offence:
| Maximum for the underlying offence | Maximum under s. 263.1 on indictment |
|---|---|
| 2 years or more, but less than 5 years | 5 years |
| 5 years or more, but less than 10 years | 10 years |
| 10 years or more, but less than 14 years | 14 years |
| 14 years or more | Life |
For example, an offence with a five-year maximum on its own can carry up to 10 years when it is committed against an intimate partner and charged under section 263.1. Section 263.1 is new. If you are facing an assault charge involving a spouse or partner, ask a lawyer how it affects your case.
Section 718.2(a)(ii) of the Criminal Code also treats abuse of an intimate partner or a family member as an aggravating factor at sentencing, which means a judge must consider it when deciding the sentence.
What Judges Consider at Sentencing
Besides the nature of the offence, the Criminal Code lists aggravating factors a court must consider. Examples relevant to assault include abuse of an intimate partner or family member, and, since July 2026, offences against first responders and a conviction for a violent offence within the previous five years.
Possible Outcomes
Depending on the charge and the facts, outcomes can include:
- Discharge: A court may discharge an accused instead of convicting them (section 730). A discharge is not available for aggravated assault, because that offence carries a 14-year maximum.
- Suspended sentence and probation: If there is no minimum punishment, a court may suspend the passing of sentence and place the offender on probation (section 731).
- Conditional sentence: A sentence of less than two years that is served in the community can be possible if the court is satisfied community safety would not be endangered (section 742.1). Sections 266, 267 and 268 are not on the list of excluded offences.
- Jail: A custodial sentence, up to the maximums above.
- Weapons prohibition: A conviction for some assault offences can lead to a mandatory weapons prohibition order under section 109 of the Criminal Code.
What Changed for Assault Charges in 2026?
Several federal laws passed in June 2026 changed the rules that apply to assault charges.
| Change | What it does | Law | In force |
|---|---|---|---|
| Bail reverse onus for choking | For charges under sections 266 to 268 and 271 to 273 where the accused is alleged to have choked, suffocated or strangled the complainant, the accused must show cause for release by "clearly demonstrating" that their release plan addresses the risks | Bill C-14, Bail and Sentencing Reform Act (S.C. 2026, c. 11) | July 15, 2026 |
| New intimate partner violence offence | Creates section 263.1, which raises the maximum penalty when violence is used, threatened or attempted against an intimate partner | S.C. 2026, c. 12 | July 2026 |
| Sentencing factors | Adds aggravating factors for assaults on first responders and for repeat violent offenders | Bill C-14 | July 15, 2026 |
| Court delay | Section 492.31 says a court must not stay proceedings for unreasonable delay unless satisfied that no other remedy would be appropriate and just | Bill C-16, Protecting Victims Act (S.C. 2026, c. 19) | July 18, 2026 |
| Diversion | Replaces the old alternative measures rules (formerly section 717) with a new Part XXII.2 of the Criminal Code | Bill C-16 | July 18, 2026 |
What the Choking Reverse Onus Means
Bail (see section 515) normally depends on whether the Crown can justify keeping someone in custody. In a reverse onus situation, the accused must show why they should be released. Since July 15, 2026, that applies where the charge alleges choking, suffocating or strangling. Our guide to Ontario bail hearings explains how bail works and how release plans are built.
A Note on Older Charges
Some of these changes apply depending on when the alleged offence happened or when a hearing takes place. For example, the new rules on stays for delay are tied to offences committed on or after July 18, 2026. Whether a particular change applies to your case is something to confirm with your lawyer.
What to Expect After an Assault Charge in Ontario
Every case is different, but most assault cases move through the same stages. Our guide on how long a criminal case takes in Ontario has more detail about timing at each stage.
1. Arrest, Release and Bail
Police may release you with conditions, or hold you for a bail hearing. Release conditions can include no contact with the complainant, and breaching a condition can lead to a separate charge. If you were just arrested, read our guide on what to do after being arrested in Ontario.
2. Charge Screening by the Crown
In Ontario, the Crown reviews a charge before it proceeds. Under the Ontario Crown Prosecution Manual, a charge may only proceed if there is a reasonable prospect of conviction and it is in the public interest. If either test is not met, the prosecutor must withdraw the charge. In intimate partner violence cases, the manual also says a prosecutor must not withdraw charges solely because the complainant asks.
3. First Appearance
Your first court date is usually short. It is where the Crown confirms the charge, you can get a lawyer on record, and the case is put over for disclosure. Depending on the court and the stage, some appearances may be held by Zoom. See our page on Zoom court hearings.
4. Disclosure and Pre-Trial Meetings
The Crown provides the evidence it has, such as police notes, witness statements and any video. Your lawyer reviews it and may meet with the Crown to discuss the strengths and weaknesses of the case and possible resolutions.
5. Resolution or Trial
Not every case goes to trial. A case may be resolved by a withdrawn charge, a plea to a different charge, a peace bond, or diversion. A peace bond is an order under section 810 requiring someone to keep the peace and be of good behaviour for up to 12 months, and it can include conditions such as no contact. If the case goes to trial, the Crown must prove each element of the offence beyond a reasonable doubt.
6. Sentencing
If there is a finding of guilt, the court decides the sentence. This is where the factors above, including the nature of the assault, the harm caused and your background, come into play.
Where Your Case Will Be Heard
An assault case is usually heard at the courthouse serving the area where the incident happened. Sanctuary Lawyers has location pages for these courthouses:
- Barrie: 75 Mulcaster Street
- Newmarket: 50 Eagle Street West
- Orillia: 700 Memorial Avenue (Cottage C)
Each page has more information about the courthouse: Barrie, Newmarket and Orillia.
Common Defences to Assault Charges
Which defences are available depends on the facts and the evidence. Two of the most common are described below.
Self-Defence
Section 34 of the Criminal Code says a person is not guilty of an offence if they meet three requirements:
- They believe on reasonable grounds that force or a threat of force is being used against them or someone else.
- They act for the purpose of defending or protecting themselves or the other person.
- Their act is reasonable in the circumstances.
When deciding whether the act was reasonable, the court considers the relevant circumstances, including the nature of the force or threat, how imminent it was, the person's role in the incident, whether a weapon was used or threatened, the size, age and physical capabilities of the people involved, any history between them, and whether the response was proportionate.
Consent
Assault is defined as force applied without the other person's consent, so genuine consent can mean there is no assault. As noted above, consent is not valid if it results from force, threats, fear, fraud or the exercise of authority.
Challenging the Evidence
A lawyer also looks for problems with the Crown's case, including credibility issues, gaps in the evidence, and whether your Charter rights were respected. Our guide to your Charter rights during arrest and police questioning explains these protections.
Consequences Beyond the Sentence
An assault conviction can affect your life long after the sentence ends.
- Criminal record: A conviction results in a criminal record. A record suspension can be applied for once a waiting period has passed after the sentence is complete: five years for summary offences and 10 years for indictable offences (Criminal Records Act, section 4). See our guide to getting a record suspension in Canada.
- Weapons prohibition: As mentioned above, some convictions lead to a mandatory prohibition order.
- Immigration: For people who are not Canadian citizens, a conviction can affect immigration status. Under section 36 of the Immigration and Refugee Protection Act, a hybrid offence is treated as an indictable offence even if it was prosecuted summarily, and an offence can be treated as "serious criminality" based on its maximum penalty or on the sentence imposed. If you are not a citizen, get immigration advice before you plead.
How Sanctuary Lawyers Can Help
When you call us about an assault charge, we start by listening to what happened and explaining where things stand. From there, we can:
- Review the disclosure and identify weaknesses in the Crown's case.
- Prepare for a bail hearing or work to change release conditions that are not working for you.
- Speak with the Crown about resolution options, including withdrawal, diversion or a peace bond where they apply.
- Represent you at trial if the case does not resolve.
Learn more about our assault defence services or our broader criminal defence work. For information on costs, see our guide on how much a criminal lawyer costs in Ontario.
Frequently Asked Questions About Assault Charges in Ontario
Here are answers to common questions about assault charges in Ontario.
What are the types of assault charges in Ontario?+
The Criminal Code sets out several levels of assault: assault (section 266), assault with a weapon or causing bodily harm, including choking (section 267), aggravated assault (section 268), unlawfully causing bodily harm (section 269), and assaults on peace officers (sections 270 to 270.02). Sexual assault is covered separately in sections 271 to 273.
What is the penalty for simple assault in Ontario?+
Assault under section 266 is a hybrid offence. On indictment, the maximum is five years in prison. On summary conviction, the maximum is a fine of up to $5,000, up to two years less a day in jail, or both. There is no mandatory minimum. If the complainant is an intimate partner, the maximum can be higher under section 263.1.
Can you be charged with assault without touching someone?+
Yes. Under section 265, assault includes attempting or threatening to apply force by an act or a gesture, if the person has, or causes the other person to reasonably believe they have, a present ability to carry out the threat.
What is the difference between assault and assault causing bodily harm?+
Assault does not require an injury. Assault causing bodily harm (section 267) requires that the complainant suffered hurt or injury that interferes with their health or comfort and is more than merely transient or trifling. It carries a higher maximum penalty of 10 years on indictment.
Is there a difference between assault and battery in Canada?+
The Criminal Code uses the single term "assault" for the offences described above. The word "battery" is not used as a separate offence.
Will I go to jail for a first assault charge?+
Not necessarily. There is no mandatory minimum jail sentence for assault, assault with a weapon, assault causing bodily harm, aggravated assault or unlawfully causing bodily harm. The outcome depends on the facts, the injuries, your record and whether the complainant is an intimate partner. A lawyer can talk to you about your specific case.
Can an assault charge be dropped in Ontario?+
Yes, in some circumstances. The Crown must withdraw a charge if there is no reasonable prospect of conviction or if proceeding is not in the public interest. In intimate partner violence cases, the Crown cannot withdraw a charge only because the complainant asks. Other resolutions can include diversion or a peace bond.
Does an assault conviction mean a criminal record?+
A conviction results in a criminal record. In some cases a court can instead order a discharge. After a conviction, a record suspension may be possible once the waiting period has passed.
