Assault is one of the most commonly laid criminal charges in Ontario, and it covers a much wider range of conduct than many people expect. A charge can arise from a single push during an argument, a bar fight, an altercation between neighbours, or an incident between people who know each other well. This guide explains how assault is defined under the Criminal Code, how it is classified and prosecuted, the potential penalties, and what generally happens after someone is charged. It is general legal information, not legal advice about a specific case.
What Counts as Assault?
Under section 265 of the Criminal Code, a person commits an assault when, without the consent of another person, they apply force to that person, directly or indirectly, or attempt or threaten to apply force where they have, or cause the other person to reasonably believe they have, the present ability to carry out the threat. Assault does not require an injury. A shove, a slap, spitting on someone, or grabbing someone's arm can all potentially meet the legal definition, depending on the circumstances. Threatening gestures combined with the apparent ability to follow through can also be enough, even without physical contact.
Because the definition is broad, assault charges arise in a wide range of situations: disputes between family members or partners (see our page on domestic assault allegations), altercations between strangers, workplace incidents, and confrontations during arguments that escalate. What separates simple assault from the more serious assault charges discussed below is generally the degree of force, whether a weapon was involved, and whether the complainant was injured.
Classification and the Criminal Code
Simple assault is prosecuted under section 266 of the Criminal Code. It is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction or by indictment, depending on the facts of the case, the person's record, and the Crown's assessment of the seriousness of the conduct. This is different from how criminal offences are described in some other countries; Canadian law does not use the terms "misdemeanour" or "felony." Instead, Canadian offences are classified as summary conviction offences, indictable offences, or hybrid offences that can be prosecuted either way.
Assault (Section 266) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Criminal Code section
- Section 266
- Maximum penalty (summary conviction)
- Up to 2 years less a day in jail, a fine of up to $5,000, or both
- Maximum penalty (indictment)
- Up to 5 years imprisonment
- Mandatory minimum sentence
- None for a standard assault charge under section 266
These figures reflect the maximum penalties set out in the Criminal Code as of this page's last update. Actual sentences are almost always well below the maximum and depend on the specific facts, the person's record, and sentencing principles discussed on our sentencing overview page. Some mandatory minimum penalties elsewhere in the Criminal Code have been struck down as unconstitutional by courts in recent years; where a mandatory minimum may apply to a related or more serious charge, a criminal lawyer can confirm whether it remains enforceable.
Potential Penalties
The maximum penalties above represent the outer limit of what the law allows, not what typically happens in a given case. Ontario courts consider a wide range of factors when deciding on a sentence, including whether anyone was injured, whether the person has a prior record, whether the incident involved a partner or family member, and whether the person accepts responsibility. Many first-time, lower-level assault charges are resolved with a discharge, a suspended sentence, probation, or a fine, particularly where there is no significant injury and no aggravating history. More serious or repeated conduct can lead to a jail sentence. For more on how Ontario courts approach sentencing generally, see our sentencing overview.
How the Crown Elects to Proceed
Because assault is a hybrid offence, the Crown attorney decides early in the case whether to proceed summarily or by indictment. This decision can affect the trial route, the applicable limitation period, and the maximum sentence available. Generally, summary conviction proceedings move through the Ontario Court of Justice and tend to be simpler, while indictable proceedings can involve additional procedural steps, including in some cases an election by the accused about the mode of trial. A criminal lawyer can explain what the Crown's election means for a specific case once the charge and disclosure are known. Understanding disclosure — the evidence the Crown must share with the defence — is discussed further on our disclosure page.
Related and More Serious Assault Charges
The Criminal Code contains several assault-related offences beyond simple assault, and which one is charged depends heavily on the degree of force and the outcome. Understanding these distinctions helps explain why two incidents that sound similar can result in very different charges:
- Assault causing bodily harm, charged where the complainant suffers an injury that interferes with their health or comfort and is more than merely transient or trifling, or where a weapon was carried, used, or threatened during the assault.
- Aggravated assault, the most serious assault charge, reserved for cases where the complainant is wounded, maimed, disfigured, or their life is endangered.
- Domestic assault, which is not a separate offence in the Criminal Code but describes any assault charge involving intimate partners or family members, and which Ontario prosecutes under distinct policies.
- Uttering threats, a separate offence covering threats to cause death or bodily harm, which can be charged alongside or instead of assault depending on whether force was actually applied or attempted.
Robbery, discussed on our robbery charges page, is a distinct and more serious offence involving assault combined with theft. If a death results from an assault, the charge escalates further into the homicide offences discussed on our homicide offences page.
The specific wording of the charge on a person's disclosure matters. Two people involved in the same physical altercation can sometimes face different charges depending on their individual conduct and any injuries caused. A lawyer reviewing the disclosure can explain exactly what the Crown must prove for the specific charge laid.
Possible Defences
Every assault case turns on its own facts, and there is no single defence that applies to all cases. That said, several legal concepts commonly arise in assault cases, generally including whether the Crown can prove the incident beyond a reasonable doubt, whether the complainant consented to the contact (relevant in contexts such as sports or roughhousing), whether the person acted in self-defence or defence of another person under the framework in sections 34 to 35 of the Criminal Code, and whether the alleged contact was accidental rather than intentional. Identification of the person involved and the reliability of witness accounts can also be central issues, particularly where an incident happened quickly or in a chaotic setting. Because these concepts apply differently depending on the facts, a criminal lawyer should review the specific disclosure before concluding which defences, if any, are available.
What Happens After an Assault Charge
Someone charged with assault may be released directly by police or held for a bail hearing, depending on the circumstances and any conditions already in place. Our page on what happens after an arrest explains this process in more detail, and our page on the right to a lawyer explains how to get legal advice quickly, including through duty counsel. If police want to ask questions about the incident, the guidance on our police questioning page and our page on the right to remain silent explain the general legal position on responding to questions.
Once a charge is laid, the matter proceeds through Ontario's court process, generally beginning with a first court appearance, followed by disclosure of the Crown's evidence, and then either a resolution discussion, a guilty plea, or a trial. Many assault charges, particularly first-time and lower-level allegations, are resolved without a trial, but every case is different, and the right path depends on the strength of the evidence and the person's goals.
Bail Considerations
If someone is not released directly by police after an assault charge, the question of release will generally be decided at a bail hearing. Conditions commonly considered in assault cases include no-contact conditions with the complainant, staying away from a specific address, and, in some cases, restrictions on alcohol use. Our page on rights at a bail hearing explains this process further, and our page on bail conditions explains how conditions work and what happens if they are breached, which can lead to a separate breach of bail charge.
Criminal Record Consequences
A conviction for assault, even where the sentence itself is relatively minor, generally results in a criminal record. This can affect employment, travel, volunteering, and other areas of life. Some people may be eligible for a discharge, which can limit the long-term impact of a conviction, or may later be able to apply for a record suspension. These options depend heavily on the specific outcome of the case. Our criminal records overview explains how records work in Ontario and what options may be available after a conviction.
Frequently Asked Questions
Is assault a misdemeanour or a felony in Ontario?
Canadian law does not use those terms. Assault under section 266 of the Criminal Code is a hybrid offence, meaning the Crown can choose to prosecute it by summary conviction or by indictment depending on the circumstances.
Do I need to be convicted for an assault charge to affect me?
A criminal charge, even before any finding of guilt, can affect things like bail conditions, travel, and, in some workplaces, employment status. Only a conviction results in a criminal record, but the charge itself can still have practical effects while the case is ongoing.
Can assault charges be withdrawn?
In some cases, the Crown may withdraw a charge, for example where there is a lack of reasonable prospect of conviction or where a resolution such as a peace bond is reached. This depends entirely on the facts of the case and is a decision made by the Crown attorney, not the complainant.
What is the difference between assault and assault causing bodily harm?
Assault causing bodily harm, charged under section 267 of the Criminal Code, applies where the complainant suffers an injury that is more than trifling or transient, or where a weapon was carried, used, or threatened during the assault. It carries higher maximum penalties than simple assault. See our assault causing bodily harm page for details.
Will I go to jail for a first-time assault charge?
Not necessarily. Many first-time, lower-level assault charges are resolved without jail time, particularly where there is no significant injury. Outcomes depend heavily on the specific facts, the person's record, and how the case is resolved. A criminal lawyer can give a realistic assessment based on the disclosure in a specific case.