Assault vs Aggravated Assault: Key Differences in Canada

The short answer

Canada has three main levels of assault, and the difference between them is mostly the injury. Common assault needs no injury at all. Assault causing bodily harm needs an injury that is more than brief or minor. Aggravated assault needs a wound, maiming, disfigurement or danger to life.

The more serious the injury, the higher the maximum penalty and the fewer the sentencing options. For what assault means in law, see what is assault under the Criminal Code.

The three charges side by side

Common assault (s. 266)

• Injury needed: No injury is needed.
• Type: It is a hybrid offence, so the Crown can proceed by summary conviction or indictment.
• Maximum: The maximum is 5 years on indictment, or 2 years less a day, a fine of up to $5,000, or both on summary conviction.
• Discharge: A discharge is available.

Assault causing bodily harm (s. 267(b))

• Injury needed: The injury must be more than brief or minor.
• Type: It is a hybrid offence.
• Maximum: The maximum is 10 years on indictment, or 2 years less a day, a fine of up to $5,000, or both on summary conviction.
• Discharge: A discharge is available.

Aggravated assault (s. 268)

• Injury needed: There must be a wound, maiming, disfigurement or danger to life.
• Type: It is an indictable offence only.
• Maximum: The maximum is 14 years.
• Discharge: A discharge is not available.

None of the three charges has a minimum sentence.

Where weapons and choking fit

Section 267 also covers assault with a weapon (s. 267(a)) and choking, suffocating or strangling (s. 267(c)). Both carry the same penalties as assault causing bodily harm, and neither requires any injury.

See our choking and strangulation guide and our assault with a weapon page.

When the victim is an intimate partner

For incidents on or after July 17, 2026, the Crown can charge violence against an intimate partner under s. 263.1. Each maximum then moves up one level:

• Common assault: The maximum rises to 10 years.
• Bodily harm, weapon or choking: The maximum rises to 14 years.
• Aggravated assault: The maximum rises to life.

At 14 years or more, a discharge is no longer available. See violence against an intimate partner.

How bail differs

Most people charged with common assault are released by police with conditions. More serious charges are more likely to lead to a bail hearing. Since July 15, 2026, any of these three charges carries a reverse onus at bail if the Crown alleges choking, suffocating or strangling (s. 515(6)(a)(ix)). In that case, you must show why you should be released and clearly demonstrate that your plan addresses the risks.

How weapons prohibitions differ

A weapons prohibition is mandatory after a conviction on indictment for an offence involving violence with a maximum of 10 years or more (s. 109). That covers s. 267 charges on indictment and all aggravated assault convictions. For common assault on indictment, which has a 5-year maximum, a prohibition is usually discretionary under s. 110, unless the charge involves an intimate partner.

How a charge can move between levels

The first charge is not always the last one, because charges change as the evidence becomes clearer:

• Down: If the medical evidence shows a less serious injury, an aggravated assault charge can be resolved as assault causing bodily harm, or a bodily harm charge as common assault.
• Up: If an injury turns out to be worse than first thought, the Crown can change the charge.

A judge can also find you guilty of a lesser included offence. For example, if the Crown proves an assault but not the bodily harm, you can be convicted of common assault instead.

Police sometimes lay more than one charge for the same incident. As a rule, however, you cannot be convicted twice for the same act.

Immigration differences

The level of the charge can make a big difference for non-citizens. Assault causing bodily harm and aggravated assault carry maximums of 10 years or more, so a conviction can make a permanent resident inadmissible for serious criminality. Common assault has a 5-year maximum, but under s. 263.1 it rises to 10 years. Get immigration advice before resolving any assault charge.

Is "felony assault" a Canadian charge?

Canada does not use the words "felony" or "misdemeanour." Offences are summary, indictable or hybrid. Terms like "felony assault" or "battery" come from other countries.

Possible outcomes at each level

For common assault, a withdrawal, a peace bond or a discharge may be possible, especially for a first charge with no injury. For assault causing bodily harm, a discharge or a conditional sentence is still possible, but jail becomes more likely when the injury is serious or the person has a record. For aggravated assault, a discharge is not available, and jail is common, although a conditional sentence may be possible in some cases where the sentence is under two years.

What to do now

• Ask your lawyer to review the medical evidence before you discuss any resolution.
• Follow every release condition exactly while the case is ongoing.
• Keep any evidence that shows the injury was less serious than alleged.

Diversion and peace bonds

Some common assault cases can be resolved through diversion or a peace bond, which are not convictions. These options are much less common for bodily harm cases, and they are rarely available for aggravated assault. In intimate partner cases, Ontario Crown policy allows a peace bond only in exceptional cases, with approval from the Crown Attorney or a designate.

Choosing a trial court

For common assault and bodily harm charges prosecuted summarily, the trial is held before an Ontario Court judge. When the Crown proceeds by indictment, you can usually choose your trial court. For aggravated assault, which carries 14 years, you can also ask for a preliminary inquiry.

How we can help

We can explain which level fits the evidence and whether the charge can be reduced. Call (647) 223-1980 for a free consultation.

Frequently asked questions