Assault

Not automatically. Once a charge is laid, the decision to proceed rests with the Crown attorney, not the complainant. That said, a reluctant complainant changes the Crown's prospect of conviction and often opens negotiation paths that would otherwise be closed.

Penalties range from absolute or conditional discharge (no record) to substantial custodial sentences for aggravated assault. The right outcome depends on the charge, the facts, and the strength of mitigation. We work both the resolution and the trial paths in parallel.

A charge will show on a vulnerable-sector check and may show on standard background checks even if it does not result in conviction. Where outright withdrawal or peace bond resolution is achieved, we discuss the record-suspension and file-destruction options available afterward.

The complainant cannot drop the charge — that decision belongs to the Crown. However, a complainant's wishes, a recantation, or weaknesses in the evidence can support a withdrawal, a peace bond, or a diversion resolution that leaves no criminal record.

Simple assault involves the application or threat of force. Assault causing bodily harm requires hurt that is more than trifling or transient, and carries a higher maximum penalty. Assault with a weapon and aggravated assault are more serious still.

For a first allegation without significant injury, jail is frequently avoidable. Outcomes range from a withdrawal or peace bond to a discharge that leaves no criminal record. The right result depends on the evidence and is assessed after reviewing the disclosure.

Most assault charges in Toronto take several months to a year to resolve, depending on disclosure, whether the case settles or goes to trial, and scheduling at the Toronto Courthouse at 10 Armoury Street. Some end within weeks through diversion or a peace bond. Under the Supreme Court’s Jordan decision, cases in the Ontario Court of Justice should generally be completed within 18 months of the charge, or a stay of proceedings can be sought for unreasonable delay.

Assault with a weapon under section 267 of the Criminal Code carries up to 10 years in prison if the Crown proceeds by indictment, or up to two years less a day if it proceeds summarily. There is no mandatory minimum. A ‘weapon’ can be almost any object used or threatened to be used to injure — including an imitation — so the charge is often overstated. The same section covers assault causing bodily harm and choking, suffocating or strangling.

Aggravated assault under section 268 of the Criminal Code is an assault that wounds, maims, disfigures or endangers the life of the complainant. It is a straight indictable offence with a maximum of 14 years’ imprisonment, the most serious form of non-sexual assault. The Crown must prove the level of injury and that a risk of bodily harm was objectively foreseeable, so medical records and expert evidence on how the injuries occurred are often central to the defence.

Yes, in suitable cases. The Crown may withdraw the assault charge if the accused agrees to enter a peace bond under section 810 of the Criminal Code — a promise to keep the peace and follow conditions, such as no contact, for up to 12 months. A peace bond is not a conviction and does not create a criminal record, although breaching it is an offence. Aaron M. Spektor negotiates these resolutions where the evidence and circumstances support them.