The Legal Process in Assault Cases

By Robb MacDonald · Updated 6 October 2026

An assault case in Ontario moves from arrest and release to disclosure and pretrial meetings, then to a resolution or a trial. Many assault charges end without a criminal record, through a withdrawal, a peace bond, a diversion program or a discharge. Domestic assault follows the same path but is prosecuted more strictly.

What are the different assault charges?

Assault is defined in section 265 of the Criminal Code as intentionally applying force to someone without their consent, or attempting or threatening to. The charge then depends on what is alleged to have happened.

Simple assault, under section 266, is the most common charge. It is hybrid: up to five years if the Crown proceeds by indictment, and up to two years less a day by summary conviction. Assault with a weapon, assault causing bodily harm, and assault by choking, suffocating or strangling are all under section 267, with a maximum of ten years. Bodily harm means an injury that is more than brief or trifling. Aggravated assault, under section 268, covers wounding, maiming, disfiguring or endangering life, and carries up to fourteen years.

Since July 2026 there is also a separate offence for violence against an intimate partner, in section 263.1. It sits on top of whatever offence was committed and raises its maximum by a step: an assault becomes punishable by up to ten years, an assault causing bodily harm by up to fourteen, and an aggravated assault by life.

What happens after an assault charge in Toronto?

Most people charged with assault are released by police or at a bail hearing, almost always with a condition not to contact the complainant and often a condition to stay away from their home. Our article on the first 72 hours after an assault charge covers that stage in detail.

Toronto assault cases are heard in the Ontario Court of Justice at 10 Armoury Street, which replaced Old City Hall, College Park and the other local courthouses in 2023. The first appearance is usually four to six weeks after the charge, when initial disclosure is provided. From there the case goes to a Crown pretrial, often a judicial pretrial, and then either a resolution or a trial date. The Ontario criminal court process page explains each of those stages.

How can an assault charge end without a criminal record?

This is the question most clients care about, and there are four common routes. Which one is realistic depends on the facts, the injuries, any record, and how the evidence looks once it has been reviewed.

The first is a withdrawal. The Crown can withdraw a charge at any point, and often does once the defence shows a real problem with the evidence: a complainant whose account has changed, an independent witness who supports the accused, or video that tells a different story.

The second is a peace bond under section 810. The Crown withdraws the assault charge, and the accused agrees to keep the peace and follow conditions, such as no contact, for up to twelve months. A peace bond is not a conviction and is not a guilty plea.

The third is diversion. Ontario's Direct Accountability Program is for adults charged with less serious offences who accept responsibility and make amends, for example through counselling, community service or a donation. When the program is completed, the charge is withdrawn.

The fourth is a discharge. After a guilty plea or finding of guilt, a judge can grant an absolute or a conditional discharge under section 730, which means no conviction is entered. A discharge is not available for an offence with a mandatory minimum or a maximum of fourteen years or more. That now matters more than it used to: an intimate partner charge under section 263.1 built on assault causing bodily harm carries fourteen years, so a discharge is off the table.

How are domestic assault cases handled differently?

The same process applies, but every stage is stricter. The 10 Armoury Street courthouse has designated intimate partner violence courtrooms. Ontario's Crown policy is that it will usually be in the public interest to proceed with these charges, and that a prosecutor must not withdraw them solely because the complainant asks. That is why a complainant cannot simply drop the charge.

The July 2026 changes add to the pressure. The new section 263.1 offence raises the maximum sentences. And the bail rules make release harder for anyone charged with intimate partner violence who has a prior conviction or discharge for it, or who was under a peace bond protecting a partner at the time. In some lower-risk cases, completing the Partner Assault Response program is part of how the case resolves.

You may also see reports that coercive control is now a crime. Parliament has passed that offence, but it is not yet in force. Our page on domestic assault defence covers these cases further.

What defences apply to an assault charge?

Self-defence under section 34 is the most common. It asks whether the accused reasonably believed force was being used or threatened against them or someone else, acted to defend against it, and responded in a way that was reasonable in the circumstances. Our article on self-defence in assault cases explains the test.

Consent is a defence to assault, but it has limits. In R. v. Jobidon, [1991] 2 S.C.R. 714, the Supreme Court held that adults cannot consent to a fist fight in which serious bodily harm is both intended and caused.

Many assault trials, though, come down to credibility, with two people giving different accounts and little else. The judge does not simply decide which version is more believable. Under R. v. W.(D.), [1991] 1 S.C.R. 742, if the accused's evidence is believed, or simply raises a reasonable doubt, the accused must be acquitted. Even if it is rejected, the judge must still ask whether the rest of the evidence proves guilt beyond a reasonable doubt.

What happens at an assault trial?

Assault trials are usually short, often a day or two in the Ontario Court of Justice before a judge alone. They tend to turn on cross-examination of the complainant and any other witnesses. Inconsistencies between their evidence in court, their statements to police and any 911 call are often decisive, as is whether the medical evidence matches the account.

That was the case in R. v. Hoang, the road rage stabber case. John Hoang was charged with aggravated assault, assault with a weapon and possession of a dangerous weapon. Two lawyers had told him to plead guilty to a three-year sentence. He retained Robb one week before trial. After Robb's cross-examination of the complainant, Hoang was acquitted on all counts. Read about R. v. Hoang. Past results do not guarantee future outcomes.

What sentence does an assault conviction carry?

For a first simple assault with minor or no injuries, the usual range runs from a discharge to probation. Jail becomes realistic with serious injury, a weapon, a record of violence, or a vulnerable victim. Abuse of an intimate partner is a statutory aggravating factor under section 718.2. Since July 2026, so is a repeat violent offence within five years. Counselling completed before sentencing, steady work and family support all count in the accused's favour, and it is worth starting on them early.

Robb MacDonald has practised criminal defence for more than twenty years and defends assault charges at every level, from simple assault to aggravated assault. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. He is a two-time provincial advocacy champion (Arnup Cup, OTLA Cup) and is in court about five days a week. Every Ontario lawyer is regulated by the Law Society of Ontario.

Call (416) 315-1505 or email rm@lawintoronto.com. The office is at 130 Spadina Ave. #606, Toronto, ON M5V 2L4, and Robb answers day and night. You can also request a confidential consultation.