Defending Assault, Bodily Harm and Aggravated Assault Charges

An assault charge can follow a few seconds of conflict: an argument, a push, a fight outside a bar. This page explains how the Criminal Code defines assault, the different levels of the charge, and the issues a defence lawyer looks at. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to an assault charge, from your first court date to trial.

What the law calls an assault

Under section 265 of the Criminal Code, a person commits an assault by intentionally applying force to another person, directly or indirectly, without that person’s consent. An attempt or a threat to apply force, made by an act or a gesture, is also an assault if the other person has reasonable grounds to believe it can be carried out. No injury is needed. A push, a slap or a thrown object can each support a charge.

Consent matters, but the law limits it. There is no consent where a person submits because of force, threats, fraud or the exercise of authority (s 265(3)).

Three terms that decide how serious the charge is

• Bodily harm. Any hurt or injury that interferes with a person’s health or comfort and is more than merely transient or trifling (s 2). Bruising that lasts, a cut that needs stitches or a broken bone will usually meet the test.
• Weapon. Anything used, designed or intended to cause death or injury, or to threaten or intimidate (s 2). An everyday object such as a bottle, a belt or a set of keys can be a weapon because of how it was used.
• Summary or indictable. Most assault charges are “hybrid”. The Crown prosecutor chooses whether to proceed by summary conviction, the less serious route, or by indictment. The choice affects the maximum sentence and the kind of trial available.

Issues a defence lawyer looks at

• Self-defence or defence of another person. Under section 34, a person is not guilty if they reasonably believed force or a threat of force was being used, acted to defend or protect, and acted reasonably in the circumstances. The court weighs factors such as the nature of the threat, whether other ways to respond were available, each person’s role, any weapon, the size and age of the people involved, their history, and whether the response was proportionate.
• Consent. A fight that both people agreed to is treated differently from an attack, but consent has limits. The Supreme Court of Canada has held that adults cannot consent to the intentional causing of serious hurt or non-trivial bodily harm in a fist fight (R v Jobidon, [1991] 2 SCR 714).
• Intent. The force must be applied intentionally. Accidental contact is not an assault.
• Identity and reliability. Crowded scenes, alcohol and poor lighting affect what witnesses saw. Video from phones, businesses and doorbell cameras can confirm or contradict an account.
• The level of the charge. Whether an injury amounts to bodily harm, or whether an object was a weapon, can decide between two very different charges.
• Charter rights. How the police detained, questioned or searched a person can affect what evidence the court will admit.

How an assault case can end

Outcomes vary widely with the facts, the injury and the person’s record. A charge may be withdrawn. Some cases end with a peace bond under section 810, which is a promise to keep the peace and follow conditions for up to 12 months and is not a finding of guilt. Where there is a guilty plea or a finding of guilt, the court may grant an absolute or conditional discharge, which is not a conviction, for offences that carry no minimum sentence and a maximum of less than 14 years (s 730). Other sentences include probation, a fine, a sentence served in the community, or jail. A court may also order a weapons prohibition. No lawyer can promise a particular result. What a lawyer can do is test the evidence and put forward the strongest lawful position on your behalf.

A finding of guilt can affect travel, immigration status and employment that requires a police check. See criminal records and record suspensions.

First steps after an assault charge

1. Read your release papersNote the court date and every condition. Follow each condition exactly, even one that seems unfair. It can be changed only through the court or with the Crown’s written consent.
2. Respect any no-contact conditionDo not call, message or pass messages through friends to the complainant.
3. Do not discuss the eventYou have the right to remain silent. Speak with a lawyer before giving any statement to the police, and avoid posting about the incident.
4. Keep the evidenceSave messages and call logs, photograph any injuries of your own, and write down the names of witnesses and the location of cameras. Business video is often overwritten within days.
5. Get legal advice before the first court dateYour lawyer requests the Crown’s evidence, called disclosure, and reviews it with you before any decision is made.

How Law Wise helps

• Reviewing disclosure, including video and medical records, against your account.
• Assessing self-defence, consent and Charter issues.
• Seeking changes to release conditions that interfere with work or family life.
• Discussing resolution with the Crown where that serves your interests, and preparing for trial where it does not.
• Explaining the effect of each possible outcome on your record, travel and immigration status.

Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about assault charges

This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.