Assault Charges in Ontario: Penalties, Defences & What to Expect (2026)

"Assault" covers far more than most people expect. In Canada it does not require an injury — or even physical contact. If you have been charged with assault in Ontario, understanding how the offence is defined, how it is prosecuted, and what defences are available is the first step to protecting your record and your future. This guide explains assault charges in Ontario for 2026.

What counts as assault?

Under section 265 of the Criminal Code, a person commits assault when, without consent, they intentionally apply force to another person — directly or indirectly — or attempt or threaten to do so with the present ability to carry it out. That means a raised fist, a shove, or a threatening gesture can all meet the definition, even where no one is hurt. Because the bar is low, assault is one of the most commonly laid charges in the province, and it arises in an enormous range of situations — from bar altercations and road-rage incidents to workplace disputes and family arguments.

The main types of assault

• Assault (simple assault) — the basic offence under section 266, covering minor physical altercations and threats.
• Assault causing bodily harm — section 267, where the complainant suffers hurt that is more than trifling or transient, such as a bruise, a cut, or a broken bone.
• Assault with a weapon — section 267, where a weapon is used or threatened. Almost any object — a bottle, a tool, even a shoe — can qualify as a weapon depending on how it is used.
• Aggravated assault — section 268, the most serious form, where the complainant is wounded, maimed, disfigured, or their life is endangered.

Charges arising between spouses, partners, or family members are prosecuted as domestic assault under a separate Crown policy, with its own bail and no-contact considerations. There are also related charges — uttering threats and criminal harassment — that frequently accompany an assault allegation.

Penalties for assault in Ontario

Most assault offences are "hybrid," meaning the Crown can proceed summarily (for less serious matters) or by indictment (for more serious ones), which affects the maximum penalty. Simple assault can carry up to two years less a day on a summary conviction; assault causing bodily harm and assault with a weapon carry maximums of up to ten years by indictment; aggravated assault carries up to fourteen years. In practice, sentences for first offenders without serious injury are often far lower — a discharge, a suspended sentence, or a fine — but a conviction of any kind leaves a permanent criminal record.

The consequences beyond sentencing

For many clients, the record itself is the biggest concern. An assault conviction can affect employment, professional licensing, volunteering with children or vulnerable people, immigration status, and travel — including entry to the United States, where a conviction involving violence can create serious admissibility problems. This is why an assault charge should never be resolved with a quick guilty plea before the evidence is reviewed.

Defences to an assault charge

Assault cases are frequently defensible. Common defences include:

• Self-defence or defence of another — section 34 provides a complete defence where a person acted reasonably to protect themselves or someone else. This is one of the most common and powerful defences in altercation and domestic scenarios.
• Consent — in limited contexts (for example, a consensual sporting or physical activity), consent may be a defence, subject to legal limits.
• Identity and credibility — many assault cases come down to competing accounts. Inconsistencies, motive to fabricate, and the reliability of witnesses are tested rigorously on cross-examination.
• Charter breaches — improperly obtained statements or evidence can be excluded, sometimes gutting the Crown's case.
• No intent or accident — where the contact was not intentional, an essential element of the offence is missing.

Resolving an assault charge without a record

Even where the evidence is strong, an experienced lawyer can often steer a first-time or minor matter toward a resolution that avoids a conviction: a withdrawal, a peace bond under section 810, or a diversion program in appropriate cases. These outcomes depend on early engagement with the Crown and a defence that is prepared to go to trial if necessary. A peace bond, for example, allows a charge to be withdrawn in exchange for a promise to keep the peace for a period of time — with no finding of guilt and no criminal record.

What to expect in the process

After being charged you will receive a court date and, in many cases, release conditions such as no contact with the complainant. The Crown must provide "disclosure" — the evidence it intends to rely on — which your lawyer reviews in detail before any decision about how to plead. Most straightforward appearances can be handled by your lawyer without you attending; trial and certain sentencing hearings require your presence. From first appearance to resolution, a typical assault matter can take several months, and rushing it rarely serves the accused.

What to do if you have been charged

Do not contact the complainant, especially if a no-contact condition is in place — a breach is a new criminal charge. Do not discuss the incident with anyone but your lawyer, and keep every document the police gave you. The earlier a defence review begins, the more options tend to remain open.

Do you need a lawyer?

Because the definition of assault is broad and the consequences of a conviction are lasting, early legal advice is important even for a seemingly minor charge. Aaron M. Spektor has defended assault charges across the Greater Toronto Area for 30 years. For a free, confidential consultation, request an appointment online or call (416) 599-1900.

First offenders: discharges and keeping a clean record

Even where the Crown will not withdraw an assault charge, a first-time accused is often eligible for a discharge rather than a conviction. An absolute discharge means a finding of guilt with no conviction registered and no sentence; a conditional discharge attaches a period of probation, after which no conviction is registered. A discharge is not a criminal conviction and, after the required waiting period, is removed from your record — a very different outcome from a criminal record that follows you for life. Positioning a case for a discharge, where the facts allow it, is a central part of the defence strategy for a first offender, and it is one of the reasons an early guilty plea is so rarely the right move without advice.

Sources

• Criminal Code (R.S.C. 1985, c. C-46) — Justice Laws
• Canadian Charter of Rights and Freedoms — Justice Laws
• Ontario Court of Justice

This article is general information, not legal advice. Every case turns on its own facts; speak with a lawyer about your specific situation.