Toronto Assault Lawyer

Updated 27 October 2026

Assault is applying force to someone without their consent, or attempting or threatening to, under section 265 of the Criminal Code. Simple assault carries up to five years. Assault with a weapon, causing bodily harm or choking carries ten, aggravated assault fourteen, and since July 2026 violence against an intimate partner can carry more.

What is assault under the Criminal Code?

Section 265 defines assault in three ways. A person commits an assault when they:

• intentionally apply force to another person without their consent, directly or indirectly;
• attempt or threaten, by an act or a gesture, to apply force, if they have, or cause the other person to believe on reasonable grounds that they have, the present ability to carry it out; or
• openly wear or carry a weapon, or an imitation, while accosting or impeding another person or begging.

Force does not have to cause an injury. A push, a slap or spitting on someone can be an assault. Words alone are not, because the second route requires an act or a gesture. A spoken threat is usually charged as uttering threats under section 264.1 instead, which is why the two charges so often appear together.

Consent is central. Under s. 265(3), there is no consent where the person submitted because of force or threats against them or someone else, because of fraud, or because of the exercise of authority. Where consent is a live issue, it is often the whole case.

What are the different assault charges?

The charge depends on what is alleged to have happened, and the maximum sentence rises with it.

• Common assault, s. 266. Also called simple assault. It is hybrid: up to five years if the Crown proceeds by indictment, and up to two years less a day by summary conviction. The Crown usually proceeds summarily on a simple assault.
• Assault with a weapon, causing bodily harm, or choking, s. 267. An assault in which the person carries, uses or threatens to use a weapon or an imitation, causes bodily harm, or chokes, suffocates or strangles the complainant. Hybrid, with a maximum of ten years. Bodily harm means any hurt or injury that interferes with health or comfort and is more than brief or trifling. A weapon is anything used, designed or intended to injure or to threaten, so a bottle or a phone can be one depending on how it was used.
• Aggravated assault, s. 268. An assault that wounds, maims, disfigures or endangers the life of the complainant. It is indictable only, with a maximum of 14 years.
• Assaulting a peace officer, s. 270. Assaulting a police or public officer in the execution of their duty, or assaulting anyone to resist a lawful arrest. Hybrid, with a maximum of five years. These charges often turn on whether the officer was acting lawfully at the time.
• Violence against an intimate partner, s. 263.1. Since 17 July 2026, any of these offences committed against a current or former spouse, common-law partner or dating partner can be charged under s. 263.1, which raises the maximum one step. It is explained below.

Sexual assault is also a form of assault, but it has its own procedure and evidence rules. Our sexual assault page covers it.

Assault charges and penalties at a glance

Criminal Code ss. 263.1, 264.1, 266 to 268, 270, 730 and 787. Summary convictions carry up to two years less a day, a $5,000 fine, or both. Current to the laws-lois consolidation of 30 September 2026.

What does the Crown have to prove?

For any assault, the Crown must prove beyond a reasonable doubt that the accused intentionally applied force (or attempted or threatened it), that the complainant did not consent, and that the accused knew of, or was reckless or wilfully blind to, the lack of consent. Identity has to be proved too, which matters when the incident was a crowded, fast-moving fight.

The more serious charges add an element. For assault causing bodily harm, the Crown must prove the injury and that it was caused by the assault. For aggravated assault, it must prove a wound, maiming, disfigurement or danger to life, but it does not have to prove the accused intended that result. In R. v. Godin, [1994] 2 S.C.R. 484, the Supreme Court held that it is enough that a risk of bodily harm was objectively foreseeable. That is why the medical evidence, and what actually caused the injury, are often contested in these cases.

Can you consent to a fight?

Up to a point. People consent to some force all the time, in contact sports for example, and consent defeats a charge of simple assault. But in R. v. Jobidon, [1991] 2 S.C.R. 714, the Supreme Court held that adults cannot consent to a fist fight in which they intentionally cause each other serious hurt or non-trivial bodily harm. So a mutual fight that ends in a broken jaw can still lead to a conviction for assault causing bodily harm, even though both people agreed to fight. Whether the fight was truly mutual, who started it and whether the force went beyond what was agreed are usually the real questions.

When is self-defence a defence to assault?

Self-defence is the most common defence to an assault charge. Under section 34, a person is not guilty if:

• they believed on reasonable grounds that force was being used or threatened against them or another person;
• they acted to defend or protect themselves or that other person; and
• what they did was reasonable in the circumstances.

The court weighs a list of factors in s. 34(2), including how imminent the threat was and whether there were other options, each person's role in the incident, whether anyone had a weapon, the size, age and physical capabilities of the people involved, the history of their relationship, and whether the response was proportionate. Once there is an air of reality to self-defence, the Crown must disprove it beyond a reasonable doubt. The accused does not have to prove it.

Section 35 separately protects reasonable force used to defend property, such as removing a trespasser. Robb explained where those limits sit in a Global News interview about a homeowner charged after an intruder.

Our article on self-defence claims in assault cases covers the defence in more depth.

What happens after an assault charge in Toronto?

Many people charged with assault are released by police with a court date and conditions. Others are held for a bail hearing, which in Toronto takes place at the Toronto Regional Bail Centre at 2201 Finch Avenue West. The case then moves to the Ontario Court of Justice at 10 Armoury Street. The first appearance is usually a case management appearance, which the accused or their lawyer can attend in person or by Zoom.

From there the Crown provides disclosure, meaning the police notes, statements, video and medical evidence. The defence reviews it, there is a Crown pre-trial and usually a judicial pre-trial, and the case either resolves or is set down for trial. Summary assault trials are heard by a judge alone in the Ontario Court of Justice. Our guide to Toronto's criminal courts explains each step and where it happens.

The first few days matter most for the evidence. Surveillance video from stores, transit and buildings is often overwritten within days or weeks. Our article on the first 72 hours after an assault charge sets out what to do and what not to do.

Can you get bail on an assault charge?

Usually, yes. On most assault charges the Crown has to justify detention, and most people are released, often with conditions not to contact the complainant or go to certain places. Under s. 515(6), the burden shifts to the accused where:

• the assault allegedly involved choking, suffocating or strangling;
• the person was already on release for another indictable offence;
• the charge would be the person's third or later violent indictable offence;
• the complainant is an intimate partner and the person has a prior conviction or discharge for partner violence, or was on a peace bond taken out on behalf of a partner; or
• a weapon was allegedly used and the person has a conviction for weapon violence in the past 10 years, where both offences carry 10 years or more.

Since 15 July 2026, the Bail and Sentencing Reform Act requires an accused in a reverse-onus case to show cause "by clearly demonstrating that their proposed release plan addresses the risks." On any charge involving violence, the release order must also prohibit weapons unless the justice finds that unnecessary (s. 515(4.1)).

The bail hearing page covers how release is decided.

Our guide to the 2026 bail changes explains what sureties need to know.

What if the complainant is a partner?

Since 17 July 2026, an assault or other violent offence against a current or former spouse, common-law partner or dating partner can be charged under the new section 263.1. It raises the maximum one step on a first charge, so an assault goes from five years to ten and an assault causing bodily harm from ten years to fourteen. Two practical results follow. Where the Crown proceeds by indictment on anything from s. 267 up, a discharge is no longer available. And because the ten-year maximum makes even a partner assault serious criminality under immigration law, a permanent resident convicted under s. 263.1 can face removal whatever the sentence.

Our article on the new intimate partner violence offence explains section 263.1 in full, and the domestic assault page covers how these cases are handled in Toronto.

Can an assault charge be resolved without a conviction?

Often, yes, depending on the facts, the evidence and the person's record. The main routes are:

• Withdrawal. If the evidence does not support a reasonable prospect of conviction, the Crown can withdraw the charge. Only the Crown can do that; a complainant cannot drop it.
• A peace bond. The Crown withdraws the charge and the accused agrees under s. 810 to keep the peace and follow conditions for up to 12 months. It is not a conviction or a guilty plea.
• Diversion. For less serious charges, Ontario's Direct Accountability Program lets an adult who accepts responsibility complete counselling, community service or another measure, after which the charge is withdrawn.
• A discharge. After a guilty plea or finding of guilt, a judge can grant an absolute or conditional discharge under s. 730, so no conviction is entered. It is available for assault and for s. 267 charges, but not for aggravated assault or anything else punishable by 14 years or more.

Our article on the legal process in assault cases walks through when each outcome is realistic.

What sentence does an assault conviction carry?

No assault offence has a mandatory minimum sentence, so the whole range is open: a discharge where available, a suspended sentence with probation, a fine, a conditional sentence served in the community, or jail. A conditional sentence is available for assault, assault causing bodily harm and aggravated assault where the sentence is under two years and serving it in the community would not endanger the public. Where an offence lands depends on the injury, any weapon, who started it, the person's record and the circumstances.

A conviction for a violent offence within the previous five years is now a deemed aggravating factor under s. 718.2(a)(viii). A weapons prohibition is mandatory after a conviction or discharge for an indictable violent offence carrying ten years or more, such as s. 267 or s. 268 prosecuted by indictment, or for partner violence on indictment. For other assaults the court must consider one under s. 110.

How does an assault conviction affect immigration and travel?

• Immigration status in Canada. Under s. 36 of the Immigration and Refugee Protection Act, a permanent resident is inadmissible for serious criminality if convicted of an offence with a maximum of 10 years or more, or sentenced to more than six months. Hybrid offences count as indictable even if the Crown proceeded summarily, so a conviction under s. 267, s. 268 or s. 263.1 meets the test whatever the sentence. A foreign national can be inadmissible after any assault conviction. Raise immigration status before any plea discussion.
• Travel. Entry to the United States and other countries is decided under their own law, and a conviction for violence can lead to refusal. Get advice from a US immigration lawyer before travelling.
• Clearing the record. A record suspension can be applied for five years after a summary sentence is completed and ten years after an indictable one. Our record suspension guide explains the application.

Assault cases Robb has won

In R. v. Hoang, heard in 2012, the accused faced charges of aggravated assault, assault with a weapon and possession of a dangerous weapon, and the media had dubbed him the road rage stabber. Two lawyers had told him his case was hopeless and advised him to plead guilty to a three-year penitentiary sentence. He retained Robb one week before trial and was acquitted on all counts. Hoang credited Robb's preparation and his cross-examination of the complainant with turning the case around.

Read the full R. v. Hoang case result. Robb has won many other assault trials outright, and in other cases has negotiated to have the charges withdrawn or stayed before trial. More outcomes are on the case results page. Past results do not guarantee future outcomes.

How Robb defends assault charges

Robb MacDonald has practised criminal defence for more than 20 years. 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). On an assault file his work usually includes:

• The evidence first. Identifying and preserving video, phone records and witnesses before they disappear, and getting the 911 call and body-worn camera footage in disclosure.
• The release conditions. No-contact and no-go conditions can keep a person out of their own home or away from their children. Where the facts allow, Robb seeks a variation rather than leaving them in place for months.
• The account against the evidence. A line-by-line comparison of what the complainant told the 911 operator, the officers and the video statement, measured against the injuries and the physical evidence.
• Resolution or trial. Where it serves the client, a withdrawal, a peace bond or a plea that avoids a conviction or an immigration consequence. Otherwise, a trial that holds the Crown to its burden.

If you have been charged, do not contact the complainant, even to apologise, and do not discuss the allegation with police or post about it. You have the right to remain silent and the right to a lawyer. For a broader overview of the charges, see our article on understanding assault charges in Toronto.

If you are facing an assault charge in Toronto, call (416) 315-1505, day or night. Consultations are free and confidential.