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
| Charge | Code section | Key element | Maximum penalty (indictment) |
|---|---|---|---|
| Assault | 266 | Intentional force or threat of force without consent | 5 years |
| Assault with a weapon, causing bodily harm, or choking | 267 | Using or threatening to use a weapon, causing bodily harm, or choking, suffocating or strangling | 10 years |
| Aggravated assault | 268 | Wounding, maiming, disfiguring or endangering life | 14 years |
| Assaulting a peace officer | 270 | Assault on a police officer or other peace officer in the execution of duty | 5 years |
| Sexual assault | 271 | Assault of a sexual nature without consent | 10 years, higher in some cases |
| Uttering threats | 264.1 | Knowingly threatening death or bodily harm | 5 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
| Defence | General idea |
|---|---|
| Self-defence or defence of others | Under section 34, the force used must be a reasonable response to a reasonably perceived threat, assessed on all the circumstances |
| Consent | Applies in limited situations, such as ordinary contact in sports. Consent cannot be given to intentionally causing serious bodily harm in a fight |
| Identity | The Crown must prove the accused was the person involved |
| Credibility and reliability | Many assault cases depend on conflicting accounts. The defence may challenge inconsistencies |
| Accident or no intent | Assault requires intentional force; an accidental contact is not assault |
| Charter issues | Breaches 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
| Outcome | When it may be available | Criminal record? |
|---|---|---|
| Withdrawal | Weak evidence or public interest factors | No conviction |
| Peace bond | Often used for minor, first-time assault charges | No conviction. See peace bonds in Canada |
| Diversion | Some minor cases, depending on the province and Crown policy | No conviction |
| Absolute or conditional discharge | After a guilty plea or finding of guilt, where it is in the person's interest and not contrary to the public interest | No conviction, but the discharge is recorded for 1 or 3 years. See diversion, withdrawn charges and discharges |
| Probation, fine or jail | More serious cases, injuries, weapons or prior record | Yes |
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.
Sources
- Criminal Code, section 265: assault, Justice Laws Website
- Criminal Code, section 266: assault, Justice Laws Website
- Criminal Code, section 267: assault with a weapon or causing bodily harm, Justice Laws Website
- Criminal Code, section 268: aggravated assault, Justice Laws Website
- Criminal Code, section 34: defence of person, Justice Laws Website
- Bail and Sentencing Reform Act (Bill C-14), Department of Justice Canada
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