Aggravated Assault in Canada

The short answer

Aggravated assault is the most serious assault charge in the Criminal Code. It applies when an assault wounds, maims, disfigures or endangers someone's life (s. 268). It can only be prosecuted by indictment, which is the more serious route, and it carries up to 14 years in prison.

There is no minimum sentence, but jail is common. The facts of the injury, and exactly how it happened, matter a great deal to both the defence and the sentence.

What aggravated assault means

The Crown must prove that the assault caused one of four results:

• Wounding: This means breaking the skin, such as a stab wound or a deep cut.
• Maiming: This means injuring a part of the body so that it no longer works properly.
• Disfiguring: This means changing someone's appearance in a lasting way.
• Endangering life: This means putting the person at real risk of dying.

Only one of these results is needed. For example, a single punch that causes a fall and a serious head injury can lead to this charge.

What the Crown must prove

The evidence in a typical case

Aggravated assault cases often involve detailed medical evidence, such as hospital records, surgical notes and reports from doctors who treated the injury. The Crown may also rely on video from businesses, streets or phones, witness statements, 911 calls and forensic evidence such as blood or weapons. In crowded incidents, witnesses often give very different accounts of who did what.

Bail

Many people charged with aggravated assault are released, but the seriousness of the charge makes a strong release plan important. If the Crown alleges that you choked, suffocated or strangled the complainant, the charge carries a reverse onus at bail under s. 515(6)(a)(ix), which means you must clearly demonstrate that your release plan addresses the risks. A responsible surety, a stable place to live and conditions that match the concern often make a significant difference.

Penalties

• Maximum: The maximum sentence is 14 years.
• Minimum: There is no minimum sentence.
• Discharge: A discharge is not available, because the maximum is 14 years (s. 730).
• Weapons prohibition: A weapons prohibition is mandatory on conviction (s. 109).

If the person is an intimate partner and the incident happened on or after July 17, 2026, the Crown can charge it under s. 263.1, with a maximum of life. See violence against an intimate partner.

A conviction can also affect immigration status for anyone who is not a Canadian citizen. See assault sentences in Canada for the full range of outcomes.

Choosing a court

Because aggravated assault is an indictable offence, you usually get to choose your trial court. This is called an election, and you can choose a judge of the Ontario Court of Justice, a judge of the Superior Court of Justice alone, or a judge and jury in the Superior Court of Justice.

Because the maximum is 14 years, you can also ask for a preliminary inquiry (s. 535). This is a hearing where the Crown must show there is enough evidence to go to trial, and it can be a chance to test the Crown's witnesses before trial.

The right choice depends on the evidence and the issues. It is a decision to make with legal advice, not on your own.

Common defences

• Self-defence: Force can be lawful if it was a reasonable response to force or a threat (s. 34). See self-defence to an assault charge.
• Identity: In crowded or late-night incidents, witnesses often disagree about who did what.
• The injury does not meet the test: If the evidence shows bodily harm but not a wound, maiming, disfigurement or danger to life, the charge may resolve as a lesser assault.
• Causation: The injury may not have been caused by your actions.
• Charter issues: Police may have breached your rights during the arrest, search or statement.

Possible outcomes

Effects beyond the sentence

Because the maximum is 14 years, a conviction can make a permanent resident inadmissible for serious criminality. A conviction also brings a mandatory weapons prohibition and can lead to a DNA order, and it may affect employment and travel for many years.

Group assaults and party liability

When several people are involved in an assault, the Crown may charge everyone who took part, even if only one person caused the serious injury. Under s. 21 of the Criminal Code, a person can be guilty as a party if they helped or encouraged the offence with the required knowledge. However, simply being present at the scene is not enough, and the Crown must prove what each person did and knew.

What to do now

• Do not discuss the incident with co-accused, witnesses or on social media.
• If you are held for bail, start lining up a surety and a release plan right away.
• Keep any evidence of your own injuries, such as photos or medical records.
• Get legal advice before you give any statement to police.

Aggravated assault and young people

If the person charged was between 12 and 17, the Youth Criminal Justice Act applies, although serious cases can still lead to custody.

How we can help

We can review the medical evidence, advise you on your election and carefully test the Crown's case. Call (647) 223-1980 for a free consultation.

Frequently asked questions