Assault Sentences in Canada: Is There a Minimum?

The short answer

There is no minimum sentence for common assault, assault causing bodily harm or aggravated assault. Sentences range from a discharge, which is not a conviction, to jail. The result depends on the injury, your history, the circumstances of the incident and what you have done since the charge. Careful preparation before sentencing often makes a significant difference.

Maximum sentences by charge

By indictment, the more serious route, the maximums are as follows:

• Common assault (s. 266): The maximum is 5 years.
• Assault with a weapon, causing bodily harm or choking (s. 267): The maximum is 10 years.
• Aggravated assault (s. 268): The maximum is 14 years.

By summary conviction, the less serious route, the maximum for ss. 266 and 267 is 2 years less a day, a fine of up to $5,000, or both (s. 787). Aggravated assault cannot be prosecuted this way.

Against an intimate partner, for incidents on or after July 17, 2026, each maximum moves up a level under s. 263.1. See violence against an intimate partner.

Sentencing options

From least to most serious, the main options are:

• Absolute discharge: You are found guilty, but no conviction is entered and there are no conditions (s. 730).
• Conditional discharge: No conviction is entered, as long as you complete probation.
• Suspended sentence and probation: You are convicted and must follow conditions for up to three years.
• Fine: This can be imposed alone or together with probation.
• Conditional sentence: This is a jail sentence of less than two years served in the community, often with house arrest, if the judge is satisfied it is safe.
• Jail: A sentence of 90 days or less can sometimes be served on weekends.

A discharge is not available where the maximum is 14 years or life. That rules it out for aggravated assault, and for bodily harm, weapon or choking charges laid under s. 263.1.

How judges decide

The sentence must fit the seriousness of the offence and your degree of responsibility (s. 718.1). Judges weigh factors on both sides.

Factors that can increase a sentence (s. 718.2) include abuse of an intimate partner or family member, a victim under 18, abuse of a position of trust or authority, a significant impact on the victim, and hate as a motive.

Since July 15, 2026, judges must also treat two further factors as aggravating: a prior conviction for a violent offence within five years, and an offence against a first responder or a public transit worker.

Factors that can lower a sentence include having no criminal record, a guilty plea and genuine remorse, counselling or treatment completed before sentencing, and strong family, work or community ties.

For example, two people charged with the same offence can receive very different sentences. Someone with no record, a minor injury and completed counselling is in a very different position from someone with a recent violent conviction.

Preparing for sentencing

Good preparation can change the outcome. Helpful material often includes letters from employers, family and community members, proof of counselling such as anger management or the Partner Assault Response program, and evidence of steady work or school. The judge may also order a pre-sentence report, which a probation officer prepares after interviewing you.

Victim impact statements

The complainant has the right to tell the court how the assault affected them, either in writing or by reading a statement aloud. The judge must consider these statements, which can influence the sentence in either direction.

Other consequences

A sentence is not the only impact. Depending on the charge, there may also be:

• A weapons prohibition: This is mandatory for many assault convictions on indictment (s. 109). See weapons prohibition orders.
• A DNA order: This may be made for some assault charges.
• No-contact terms: These may prevent contact with the complainant.
• Immigration consequences: These can affect non-citizens, so get immigration advice before any plea.
• Travel and work: A record can affect border crossings and some jobs.

Discharges and your record

A discharge is not a conviction, but it is recorded for a set time. Under the Criminal Records Act, it is kept for 1 year after an absolute discharge and 3 years after a conditional discharge. See our criminal records page.

Probation conditions

Many assault sentences include probation, which can last up to 3 years (s. 732.2(2)(b)). Common conditions include reporting to a probation officer, having no contact with the complainant, staying away from certain places, attending counselling such as anger management or the Partner Assault Response program, and not possessing weapons. Breaking a probation condition is a separate criminal offence, so it is important to understand each condition before the sentence is imposed.

Conditional sentences explained

A conditional sentence is a sentence of less than two years that is served in the community instead of in jail (s. 742.1). It usually includes house arrest or a strict curfew, along with other conditions. A conditional sentence is still a conviction, and breaking its conditions can lead to serving the rest of the sentence in custody.

Record suspensions

If you are convicted, you can later apply to the Parole Board of Canada for a record suspension. The waiting period is 5 years after the sentence is completed for a summary conviction, and 10 years for an indictable conviction. See our criminal records page.

Fines and the victim surcharge

A judge can impose a fine for assault, alone or with probation. A victim surcharge is usually added to any fine. The judge can decline the surcharge if it would cause undue hardship.

Appeals

A sentence can be appealed if it is unfit or based on a legal error. Strict time limits apply, so you should get advice soon after sentencing if you think the sentence is wrong. An appeal court does not simply substitute its own view, so a strong reason is needed.

How we can help

We can explain the realistic range for your charge, help you prepare for sentencing and argue for the least serious outcome the facts allow. Call (647) 223-1980 for a free consultation.

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