Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Assault Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with assault? Tell us what happened.
Regulator
Assault is a criminal offence under sections 265 and 266 of the Criminal Code. It covers intentionally applying force without consent, or attempting or threatening to, even if nobody is injured. The maximum is five years by indictment. An assault lawyer can review the evidence, self-defence and your release conditions.
An assault charge can turn your life upside down overnight. You may be out of your home, barred from contacting people you care about, and worried about your job and your record. An assault lawyer can explain where you stand and what comes next.
We defend assault charges, from common assault to aggravated assault, in Mississauga, Brampton and across Ontario.
Charged with assault?
Assault guides
8 guides- What is assault under the Criminal Code?
- Charged with assault in Ontario: what happens next
- Assault causing bodily harm
- Aggravated assault in Canada
- Assault vs aggravated assault: key differences
- Assault Sentences in Canada: Is There a Minimum?
- Self-defence to an assault charge
- Choking, suffocation or strangulation charges
Penalties
Penalties and consequences
Assault is a hybrid offence. The Crown chooses the route, and that sets the maximum.
THE CROWN CHOOSES
Indictment
The more serious route
5 years
maximum
Common assault, s. 266
If the charge is more serious
Maximum on indictment for related assault charges.
14 years10 years5 years
14years maximum
Indictment onlyNo discharge
Aggravated assault
s. 268
10years maximum
HybridDischarge may be possible
Assault with a weapon, causing bodily harm, or choking
s. 267
5years maximum
HybridDischarge may be possible
Common assault
s. 266
Hybrid means the Crown can proceed by indictment or summarily. A summary proceeding has a lower maximum.
Learn more about assault causing bodily harm and aggravated assault.
If the alleged assault was against an intimate partner, the Crown can instead charge it under s. 263.1, which raises these maximums. See our domestic assault page.
These are maximums set by law, not predictions.
Possible, depending on the charge
- Your home and familyRelease conditions can keep you out of your own home or away from family.We work to have conditions varied.
- Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
Get immigration advice as well.
We assess this before any resolution. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
6 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.AssaultAssault vs aggravated assaultHow the assault charges differ and what the Crown must prove.AssaultAssault sentences in CanadaPossible sentences for assault and what affects them.
The law
What the Crown must prove
The Crown must prove all three.
Force or threat. You used force on someone, or threatened it by an act or gesture.
On purpose. You acted on purpose, rather than by accident.
No consent. The other person did not agree to the contact.
Read the legal wording
Assault is defined in s. 265 of the Criminal Code. The Crown must prove each part of the offence beyond a reasonable doubt. If any part is missing, you should not be convicted.
In plain language, the Crown must usually prove that:
- You applied force to another person. The force can be direct or indirect. A push, a slap or a grab can all count.
- You did it intentionally. An accident is not an assault.
- The other person did not consent. Whether consent was given can be a real issue in some cases.
You can also commit assault by attempting or threatening, through an act or gesture, to apply force. This applies where you had, or caused the person to reasonably believe you had, the present ability to carry it out.
Injury is not required. Common assault is charged under s. 266 even where nobody was hurt.
Aggravated assault (s. 268)
Aggravated assault is the most serious assault charge. Under s. 268, the Crown must prove an assault that wounds, maims, disfigures or endangers the life of the complainant.
It is an indictable offence only, so the Crown cannot elect to proceed summarily. The maximum sentence is 14 years. Because of that maximum, a discharge is not available on a finding of guilt (s. 730).
These cases often turn on medical evidence, how the injury happened and who caused it. Self-defence can also apply to aggravated assault charges.
Assault causing bodily harm
If the Crown says the assault caused bodily harm, or involved a weapon or choking, the charge is usually laid under s. 267. We explain that charge on our assault with a weapon or causing bodily harm page.
Read the full legal definition in what is assault under the Criminal Code.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
See each step in charged with assault in Ontario: what happens next.
Your options
Possible outcomes
Depending on the evidence and your history, possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
The Crown may withdraw the charge if there is no reasonable prospect of conviction.
DiversionComplete a program, then the charge is withdrawn.
In some cases, the Crown may offer a program that leads to the charge being withdrawn once completed. Aggravated assault is not eligible under Ontario Crown policy, and assaults on an intimate partner are presumptively ineligible. In partner cases, the separate Partner Assault Response (PAR) program may sometimes be an option instead.
Peace bondAgree to conditions under s. 810.
The charge may be withdrawn if you agree to a peace bond under s. 810. A peace bond is not a conviction.
DischargeFound guilty, but no conviction is entered.
For common assault, a court may grant an absolute or conditional discharge. A discharge is not a conviction.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.TrialThe court hears evidence and decides guilt.
If the case goes to trial, the Crown must prove guilt beyond a reasonable doubt. You may be acquitted.
Every case is different, and no lawyer can promise a result.
THE CROWN'S VIEW
How the Crown looks at an assault charge
In Ontario, a charge can only go ahead if there is a reasonable prospect of conviction and the prosecution is in the public interest. That test comes from the Crown's charge screening policy, and the Crown must keep applying it at every stage of the case, not just at the start.
In assault cases, the Crown usually asks a few practical questions. Is there independent evidence, such as video, photos or a 911 call, or does the case depend on one person's word against another's? Does the evidence leave room for self-defence? Was anyone hurt, and does the injury match the account? Our lawyer trained at an Ontario Crown Attorney's Office, so we know these are the points a prosecutor weighs. Showing the Crown a real gap in the evidence, or a strong self-defence claim, can lead to a withdrawal or a better outcome.
The charge also matters beyond court. Common assault has a 5-year maximum, but an assault on an intimate partner charged under s. 263.1 has a 10-year maximum. That can change how immigration law treats a conviction for a permanent resident.
Your defence
How we defend assault charges
Was the contact intentional? - Criminal Code s. 265(1)(a)
For an allegation based on physical contact, the Crown must prove that force was applied intentionally and without consent. An accidental collision raises a different question from a deliberate push. We compare the accounts with video, photographs and the sequence of movements.
What happened to consent? - Criminal Code ss. 265(3)–(4)
The Code excludes consent where a person submits because of force, threats or fear of force, fraud, or the exercise of authority. If belief in consent is raised, the evidence and the grounds for that belief need careful review. We examine what was said and done before and during the contact, rather than assuming that an earlier agreement answers the question.
Was a threat an assault? - Criminal Code s. 265(1)(b)
An assault can involve an attempt or threatening gesture without physical contact. This branch requires present ability to apply force, or a reasonable belief in that ability caused by the accused. We check the distance, movements, obstacles and what each person could see.
Were you protecting someone? - Criminal Code s. 34
Self-defence requires a belief on reasonable grounds that force was being used or threatened, a protective purpose, and a response reasonable in the circumstances. All three requirements matter. We examine who did what, the available alternatives, any weapons and the nature of the response.
Does the injury match the charge? - Criminal Code ss. 2 and 267
Ordinary assault does not require proof of an injury. A bodily-harm allegation additionally requires an injury that interferes with health or comfort and is more than merely minor or fleeting. We compare the actual charge with medical information, photographs and the evidence connecting the alleged act to the injury.
Were your rights respected? - Charter ss. 8, 10(b) and 24(2)
A search, arrest or police interview can raise issues separate from what happened during the alleged assault. We check search authority, the arrest timeline and access to a lawyer. For exclusion under section 24(2), the court must decide whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
Read about self-defence to an assault charge.
WHAT TO DO NOW
What to do if you have been charged
- Stay silent with police. Give your name if required, then ask to speak with a lawyer. You have the right to remain silent.
- Follow every release condition. Breaking a condition is a separate criminal offence, even if the complainant contacts you first.
- Do not contact the complainant or witnesses if your conditions forbid it, including through friends or social media.
- Write down what happened while it is fresh. Share it only with your lawyer.
- Keep evidence safe: messages, photos, names of witnesses and details of any injuries you suffered.
- Call a lawyer before your first court date. Your first court date is on your release paperwork.
PEEL REGION
Assault charges in Mississauga and Brampton
In Mississauga, assault charges are usually laid by Peel Regional Police officers from 11 or 12 Division. In Brampton, they usually come from 21 or 22 Division. In Caledon, the Ontario Provincial Police lay the charges. In every case, the charge is heard at the A. Grenville and William Davis Courthouse in Brampton. The Brampton Crown Attorney's Office prosecutes it.
If police hold you for a bail hearing, you must see a justice within 24 hours of your arrest. Some first assault charges can be resolved without a conviction. Ontario Crown policy lets many minor charges go to a community justice program instead of court. Aggravated assault can never go to one of these programs. An assault against a partner can go only in rare cases, with the Crown Attorney's approval. Our Brampton courthouse guide explains the local court steps.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
8 links
- Criminal Code, s. 34: Defence of the person
- Criminal Code, s. 265: Assault defined
- Criminal Code, s. 266: Assault
- Criminal Code, s. 267: Assault with a weapon or causing bodily harm
- Criminal Code, s. 268: Aggravated assault
- Criminal Code, s. 730: Discharges
- Criminal Code, s. 787: Summary conviction penalties
- Crown Prosecution Manual, D. 4: Community Justice Programs for Adults
Next steps
Talk to a lawyer today
If you or someone you love has been charged with assault, call (647) 223-1980, any time, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
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Questions
Frequently asked questions
Can I be charged with assault if nobody was hurt?
Yes. Assault only requires intentional force without consent, or a threat of force in some situations. Injury is not required. If someone was hurt, the charge may be more serious.
Can the other person drop the assault charge?
No. In Ontario, the Crown decides whether a charge goes ahead. The complainant's views matter, but they cannot withdraw the charge themselves.
Is self-defence a defence to assault in Ontario?
Yes. Section 34 of the Criminal Code protects people who use reasonable force to defend themselves or someone else. The court looks at all the circumstances, including whether the response was proportionate.
What is the difference between assault and aggravated assault?
Common assault covers any intentional force without consent. Aggravated assault applies where the assault wounds, maims, disfigures or endangers someone's life. It carries a maximum of 14 years and can only be prosecuted by indictment.
Will I get a criminal record for assault?
Not necessarily. A charge may be withdrawn, resolved with a peace bond, or end in an acquittal. A discharge is also not a conviction, though records of discharges are kept for a period of time.