Assault causing bodily harm is a more serious charge than simple assault, reserved for cases where an injury results, a weapon is involved, or the assault involves choking, suffocating, or strangling the complainant. This guide explains how the offence is defined under section 267 of the Criminal Code, how it is classified, the potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Is Assault Causing Bodily Harm?
Section 267 of the Criminal Code creates a single offence that can be made out in three different ways during the course of an assault, as defined under section 265: carrying, using, or threatening to use a weapon or an imitation weapon; causing bodily harm to the complainant; or choking, suffocating, or strangling the complainant. Any one of these three circumstances, on top of an underlying assault, can result in a section 267 charge rather than the lower-level charge that applies to simple assault under section 266.
What Counts as "Bodily Harm"?
In Canadian criminal law, bodily harm generally means any hurt or injury to a person that interferes with their health or comfort and is more than merely transient or trifling in nature. This is a broader concept than a serious or permanent injury; it can include things like bruising, cuts requiring treatment, or a sprain, depending on the specific facts. Whether a particular injury meets this threshold is a question that depends on the evidence in each case, including any medical evidence.
Classification and the Criminal Code
Assault causing bodily harm, assault with a weapon, and assault by choking are all hybrid offences under section 267, meaning the Crown can elect to proceed either by summary conviction or by indictment. This charge carries a higher maximum penalty than simple assault, reflecting the added seriousness of a weapon, an injury, or choking-type conduct.
Assault Causing Bodily Harm (Section 267) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Criminal Code section
- Section 267
- Maximum penalty (summary conviction)
- Up to 18 months in jail
- Maximum penalty (indictment)
- Up to 10 years imprisonment
- Mandatory minimum sentence
- None generally applies to a standard section 267 charge
These figures reflect the maximum penalties set out in the Criminal Code as of this page's last update. Actual sentences depend on the specific facts, the severity of any 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 a specific case, a criminal lawyer can confirm whether it remains enforceable.
Potential Penalties
Because this offence covers a wide range of conduct — from a relatively minor injury during a scuffle to a serious assault with a weapon — sentences vary considerably. Courts consider the extent of any injury, whether a weapon was actually used or only carried, the relationship between the parties, and whether the person has a prior record. See our sentencing overview for more on how Ontario courts approach these decisions generally.
At the lower end, where an injury is relatively minor and the person has no significant record, outcomes such as a conditional discharge, probation, or a suspended sentence are possible. At the higher end — where a weapon caused a serious injury, or where the conduct forms part of a pattern of violence against the same complainant — a period of custody becomes considerably more likely. Because the range of possible outcomes is wide, it is difficult to estimate a likely result without reviewing the specific disclosure, including any medical records, witness statements, and the person's criminal history, if any.
Choking, Suffocation, and Strangulation
In 2019, Parliament added choking, suffocating, and strangling to section 267 as a distinct way of committing this offence, even where no visible bodily harm results. This change was intended to recognize that choking-type conduct, which arises frequently in the context of intimate partner violence, is inherently dangerous and should be treated more seriously than an ordinary assault. As a result, a person can face this more serious charge, with a maximum penalty of 10 years on indictment, based on choking alone, without a separate injury or weapon. Ontario Crown policies generally treat allegations involving intimate partners with particular seriousness; see our page on domestic assault allegations for more on how these cases are typically approached.
How This Differs From Other Assault Charges
Understanding where this charge sits among the other assault-related offences can help make sense of why similar-sounding incidents are charged differently:
- Simple assault under section 266 applies where there is no weapon, no bodily harm, and no choking — for example, a push or a slap that does not cause an injury meeting the bodily harm threshold.
- Aggravated assault under section 268 is reserved for the most serious cases, where the complainant is wounded, maimed, disfigured, or their life is endangered, and carries a higher maximum penalty of 14 years.
- Where the assault occurs in the course of a theft, the applicable charge may instead be robbery, which is treated even more seriously under the Criminal Code.
- Where the underlying relationship is between intimate partners or family members, the case may be described as a domestic assault, which affects how Crown counsel and the courts approach bail and sentencing, even though it is prosecuted under the same sections of the Criminal Code.
The exact wording used in the information (the formal charging document) matters. Reviewing the disclosure with a lawyer is the only reliable way to understand exactly what the Crown alleges and must prove for a specific section 267 charge.
Possible Defences
As with any assault-related charge, potential defences depend heavily on the specific facts. Issues that often arise in section 267 cases include whether the Crown can prove that any injury meets the bodily harm threshold, whether an object was genuinely used or threatened as a weapon, whether the person acted in self-defence or defence of another under sections 34 to 35 of the Criminal Code, and whether the identification of the person responsible is reliable. In choking-related allegations, the reliability and consistency of the complainant's account, along with any medical evidence, are often central. A criminal lawyer should review the full disclosure before advising on which defences may apply.
What Happens After This Charge
Because section 267 charges are treated more seriously than simple assault, a person charged under this section is somewhat more likely to face a contested bail hearing rather than release directly by police, particularly where the allegation involves a weapon, a significant injury, or an intimate partner. Our page on what happens after an arrest explains the general process, and our page on the right to a lawyer explains how to get legal advice quickly. Once the case proceeds, it follows the same general court process as other criminal charges in Ontario, beginning with a first appearance and disclosure of the Crown's evidence, before moving toward a resolution or a trial.
A conviction under section 267 results in a criminal record and, given the higher maximum penalties involved, can carry more significant long-term consequences than a simple assault conviction. Our criminal records overview explains how records work in Ontario and what options, such as a record suspension, may be available later.
Because the Crown has discretion in how it proceeds and what it is prepared to accept as a resolution, early legal advice can matter a great deal in section 267 cases. In some situations, a lawyer may be able to negotiate a resolution to a lesser charge, such as simple assault, where the evidence of a weapon or bodily harm is weaker than initially alleged. In other situations, a peace bond or other alternative resolution may be available, particularly for a person with no prior record. None of these outcomes is guaranteed, and what is realistic depends entirely on the strength of the Crown's evidence once disclosure has been reviewed.
Frequently Asked Questions
Is assault causing bodily harm always an indictable offence?
No. It is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction, with a maximum penalty of 18 months, or by indictment, with a maximum penalty of 10 years, depending on the facts of the case.
Do minor injuries count as bodily harm?
The legal threshold for bodily harm is relatively low — any injury that interferes with health or comfort and is more than merely transient or trifling can potentially qualify. Whether a specific injury meets this threshold depends on the evidence in the case.
Can I be charged under section 267 even if there is no injury?
Yes. Section 267 also applies where a weapon or imitation weapon is carried, used, or threatened during an assault, or where the complainant is choked, suffocated, or strangled, even without a resulting visible injury.
What is the difference between this charge and aggravated assault?
Aggravated assault, under section 268, is reserved for the most serious injuries — wounding, maiming, disfigurement, or endangering life — and is not a hybrid offence. It carries a higher maximum penalty of 14 years. See our aggravated assault page for details.
Will bail conditions be stricter for this charge than for simple assault?
Not necessarily in every case, but because section 267 charges involve a weapon, an injury, or choking-type conduct, Crown attorneys and courts often take a more cautious approach to release conditions. Our page on bail conditions explains how conditions are generally set.