Aggravated assault is the most serious assault-related charge in the Criminal Code, reserved for cases involving the most severe injuries. Unlike simple assault or assault causing bodily harm, it is not a hybrid offence, and it carries a significantly higher maximum penalty. This guide explains how aggravated assault is defined under section 268 of the Criminal Code, how it is prosecuted, the potential penalties, and what generally happens after this kind of charge. It is general legal information, not legal advice about a specific case.
What Is Aggravated Assault?
Section 268(1) of the Criminal Code defines aggravated assault as an assault, under the general definition in section 265, that wounds, maims, disfigures, or endangers the life of the complainant. These are serious medical outcomes, not general injuries. Wounding generally involves a break in the continuity of the skin. Maiming or disfigurement generally involves a lasting or significant physical effect. Endangering life means the conduct put the complainant's life at risk, whether or not that risk ultimately materialized into a wound. Because the threshold is high, aggravated assault charges typically arise from serious incidents, such as an assault involving a weapon that causes a severe injury, or violence that results in significant, lasting harm.
Classification and the Criminal Code
Aggravated assault is an indictable offence only. Unlike simple assault under section 266 or assault causing bodily harm under section 267, the Crown does not have the option of proceeding by summary conviction for this charge. This reflects the seriousness Parliament has attached to conduct that wounds, maims, disfigures, or endangers a person's life.
Aggravated Assault (Section 268) at a Glance
- Classification
- Indictable offence only (no summary conviction option)
- Criminal Code section
- Section 268
- Maximum penalty
- Up to 14 years imprisonment
- Mandatory minimum sentence
- None generally applies to a standard section 268 charge
These figures reflect the maximum penalty set out in the Criminal Code as of this page's last update. Actual sentences depend heavily on the specific facts, including the nature of the injury and the person's record. Some mandatory minimum penalties elsewhere in the Criminal Code have been struck down as unconstitutional by courts in recent years, so where a mandatory minimum is raised in connection with a related charge, a criminal lawyer can confirm whether it remains enforceable.
Potential Penalties
Because aggravated assault, by definition, involves a serious injury or a genuine risk to life, sentences for this offence are generally more significant than for lower-level assault charges, and a period of custody is common upon conviction. That said, sentencing still varies widely depending on factors such as the specific circumstances of the injury, whether the person has a prior record, whether they take responsibility, and the presence of any aggravating or mitigating factors recognized in Canadian sentencing law. Our sentencing overview explains the general principles Ontario courts apply, including the role of victim impact statements, which are especially relevant in cases involving serious injury; see our page on victims and witnesses for more.
How Aggravated Assault Charges Arise
Aggravated assault charges are relatively rare compared to simple assault or assault causing bodily harm, precisely because the legal threshold is so high. They often arise from incidents that begin as a lower-level altercation and escalate, from assaults involving weapons, or from a single severe blow or repeated violence that causes lasting injury. Because the legal threshold depends on medical evidence about the nature and severity of an injury, these cases frequently involve expert medical testimony or records documenting the complainant's injuries and their long-term effects. Whether an injury actually meets the legal definitions of wounding, maiming, disfigurement, or endangering life is often a contested issue in these cases.
Aggravated assault requires proof that the specific outcome — wounding, maiming, disfigurement, or endangering life — actually resulted from the assault. It is not enough for the Crown to show that a person intended to cause serious harm; the resulting injury or risk to life must be established, generally through medical evidence.
How This Differs From Other Assault Charges
Aggravated assault sits at the top of a hierarchy of assault-related offences in the Criminal Code:
- Simple assault under section 266 requires no injury at all.
- Assault causing bodily harm under section 267 requires an injury that is more than trifling or transient, a weapon, or choking-type conduct, and carries a maximum penalty of 10 years.
- Aggravated assault under section 268 requires wounding, maiming, disfigurement, or endangering life, and carries a maximum penalty of 14 years.
- Where the complainant dies as a result of the assault, the charge escalates further into the offences discussed on our homicide offences page.
Where the underlying assault occurs in the context of an intimate partner relationship, see our page on domestic assault allegations for how Ontario approaches these cases specifically. Where a weapon was used and a separate weapons charge is also laid, see our page on using a weapon during an offence.
Because aggravated assault carries such a high maximum penalty and is not eligible for summary conviction, getting experienced legal representation as early as possible is particularly important in these cases.
Possible Defences
As with other assault charges, available defences depend entirely on the specific facts. In aggravated assault cases, issues that frequently arise include whether the injury actually meets the legal threshold of wounding, maiming, disfigurement, or endangerment of life, whether the person can be identified as the one responsible for causing the injury, whether the person acted in self-defence or defence of another under sections 34 to 35 of the Criminal Code, and whether the Crown can prove the necessary intent beyond a reasonable doubt. Given the complexity and seriousness of these cases, a criminal lawyer's review of the full disclosure, including any medical evidence, is essential before assessing which defences may realistically apply.
What Happens After This Charge
Given the seriousness of aggravated assault, a person charged with this offence is unlikely to be released directly by police and will typically face a contested bail hearing, at which the Crown often argues that detention is necessary on public safety grounds or to maintain confidence in the administration of justice. Our page on what happens after an arrest explains the general process, and our page on the right to a lawyer explains how to access legal advice as quickly as possible, including duty counsel where a private lawyer is not yet retained. Our page on rights at a bail hearing explains what to expect if the matter proceeds to a contested hearing.
Because aggravated assault is an indictable offence, the court process can involve additional procedural steps compared to a purely summary conviction matter, including, in some cases, an election about the mode of trial. The case still generally proceeds through a first appearance, disclosure of the Crown's evidence, and either a resolution or a trial. A conviction results in a criminal record with significant long-term consequences; see our criminal records overview for more.
Frequently Asked Questions
Can aggravated assault be prosecuted by summary conviction?
No. Aggravated assault under section 268 is an indictable offence only. The Crown does not have the option of proceeding summarily, unlike with simple assault or assault causing bodily harm.
What is the difference between wounding and bodily harm?
Wounding generally refers to a break in the continuity of the skin, while bodily harm is a broader concept covering any injury that interferes with health or comfort and is more than trifling or transient. Wounding is one way of satisfying the higher threshold for aggravated assault under section 268.
Does aggravated assault always involve a weapon?
No. While weapons are often involved in aggravated assault cases because they can cause severe injuries, the charge itself is defined by the outcome — wounding, maiming, disfigurement, or endangering life — rather than by whether a weapon was used.
Will I go to jail if convicted of aggravated assault?
A period of custody is common for aggravated assault convictions given the seriousness of the injury required to meet this charge, but exact outcomes depend on the specific facts, the person's record, and sentencing principles. A criminal lawyer can give a realistic assessment based on the disclosure in a specific case.
What happens if the complainant later dies from their injuries?
If a complainant dies as a result of injuries from an assault, the charge can be elevated to a homicide offence, such as manslaughter or murder, depending on the circumstances. See our homicide offences page for more.