Criminal Law

    Assault Charges in Canada: Types, Penalties and Defences

    Under section 265 of the Criminal Code, assault means intentionally applying force to another person without their consent, attempting or threatening to apply force while appearing able to carry it out, or accosting or begging while openly carrying a weapon. Assault charges range from simple assault, a hybrid offence with a maximum of five years when prosecuted by indictment, to aggravated assault, which carries up to 14 years. Assault charges in a domestic context are common, are prosecuted under specific Crown policies, and usually come with strict no-contact conditions. Since July 15, 2026, assault involving choking or strangulation is one of the offences that can trigger a reverse onus at bail.

    This article is part of the guide to criminal law in Canada.

    The short version

    • Assault does not require injury. Any intentional, non-consensual application of force can qualify.
    • Threatening force can also be an assault, if the person appears able to carry it out.
    • Penalties increase sharply with a weapon, bodily harm, choking or serious injury.
    • Domestic assault charges usually come with no-contact and residence conditions.
    • The complainant cannot "drop the charges". Only the Crown can withdraw them.
    • Common defences include self-defence, consent in limited situations, and challenges to identity or credibility.
    • First-time, minor charges may sometimes be resolved through a peace bond, diversion or a discharge.

    Types of Assault Charges

    ChargeCode sectionKey elementMaximum penalty (indictment)
    Assault266Intentional force or threat of force without consent5 years
    Assault with a weapon, causing bodily harm, or choking267Using or threatening to use a weapon, causing bodily harm, or choking, suffocating or strangling10 years
    Aggravated assault268Wounding, maiming, disfiguring or endangering life14 years
    Assaulting a peace officer270Assault on a police officer or other peace officer in the execution of duty5 years
    Sexual assault271Assault of a sexual nature without consent10 years, higher in some cases
    Uttering threats264.1Knowingly threatening death or bodily harm5 years

    Assault, assault with a weapon or causing bodily harm, assaulting a peace officer, sexual assault and uttering threats are hybrid offences. When the Crown proceeds summarily, the general maximum is two years less a day in jail and a $5,000 fine. Aggravated assault is indictable only.

    "Bodily harm" means any hurt or injury that interferes with health or comfort and is more than brief or trifling.

    Domestic Assault Charges

    Assault charges involving a current or former spouse, common-law partner or dating partner are often called domestic or intimate partner violence charges. They are prosecuted under the same Criminal Code offences, but:

    • police in most provinces are directed to lay charges when there are reasonable grounds, even if the complainant does not want charges laid
    • the Crown follows specific policies and may continue a prosecution even if the complainant does not want it to
    • release conditions usually prohibit contact with the complainant and returning to the shared home
    • intimate partner abuse is a statutory aggravating factor on sentencing under section 718.2
    • a prior intimate partner violence conviction can create a reverse onus at bail

    Specialized domestic violence courts in some provinces offer programs, such as the Partner Assault Response program in Ontario, which can sometimes be part of a resolution for first-time, lower-risk cases.

    No-contact conditions apply until they are changed by the court, even if both people want contact. Breaching them is a separate criminal offence. See bail hearings in Canada.

    The 2026 Bail Changes

    Bill C-14, the Bail and Sentencing Reform Act, came into force on July 15, 2026. It added a reverse onus at bail for certain offences, including assault involving choking, suffocation or strangulation, and repeat serious violent offending. It also requires courts to consider whether an offence involved random or unprovoked violence. A reverse onus means the accused must show why they should be released.

    Possible Defences

    DefenceGeneral idea
    Self-defence or defence of othersUnder section 34, the force used must be a reasonable response to a reasonably perceived threat, assessed on all the circumstances
    ConsentApplies in limited situations, such as ordinary contact in sports. Consent cannot be given to intentionally causing serious bodily harm in a fight
    IdentityThe Crown must prove the accused was the person involved
    Credibility and reliabilityMany assault cases depend on conflicting accounts. The defence may challenge inconsistencies
    Accident or no intentAssault requires intentional force; an accidental contact is not assault
    Charter issuesBreaches of the right to counsel or unlawful searches can lead to evidence being excluded

    Whether any defence applies depends on the facts and the disclosure. A lawyer needs to review the full file.

    Possible Outcomes

    OutcomeWhen it may be availableCriminal record?
    WithdrawalWeak evidence or public interest factorsNo conviction
    Peace bondOften used for minor, first-time assault chargesNo conviction. See peace bonds in Canada
    DiversionSome minor cases, depending on the province and Crown policyNo conviction
    Absolute or conditional dischargeAfter a guilty plea or finding of guilt, where it is in the person's interest and not contrary to the public interestNo conviction, but the discharge is recorded for 1 or 3 years. See diversion, withdrawn charges and discharges
    Probation, fine or jailMore serious cases, injuries, weapons or prior recordYes

    Immigration and Travel Consequences

    Assault convictions can affect permanent residents and other non-citizens. Assault with a weapon or causing bodily harm carries a maximum of 10 years, which can make it "serious criminality" under immigration law, even if the sentence is light. Some assault offences can also cause problems at the U.S. border. See criminal records and travelling to the U.S..

    Frequently Asked Questions

    Can the victim drop assault charges?

    No. In Canada, the Crown decides whether to continue a prosecution. The complainant's wishes are considered, but they do not control the outcome.

    Is pushing or slapping someone assault?

    It can be. Assault does not require injury. Any intentional application of force without consent can qualify, although very minor cases may be resolved differently.

    Can I go home after a domestic assault charge?

    Usually not, if release conditions prohibit contact with the complainant or attending the residence. Only the court can change those conditions. A lawyer can ask the Crown to consent to a change.

    Will I go to jail for a first assault charge?

    For a first-time, minor simple assault, jail is uncommon, and outcomes such as a peace bond or discharge are sometimes possible. Injuries, weapons, choking and prior records make jail much more likely.

    Charged with assault? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city, and see what to do if you're arrested or charged.

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